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Ashya King’s parents remanded in custody as judge considers extradition Ashya King’s parents remanded in custody as judge considers extradition
(about 1 hour later)
The parents of Ashya King, who removed the five-year-old cancer patient from a Southampton hospital during treatment for a brain tumour, are being held in separate Spanish prisons after refusing to be extradited back to Britain.The parents of Ashya King, who removed the five-year-old cancer patient from a Southampton hospital during treatment for a brain tumour, are being held in separate Spanish prisons after refusing to be extradited back to Britain.
Brett King and his wife, Naghmeh, can be held for a maximum of 72 hours as a Madrid judge considers whether to grant an extradition request, while their seriously ill son is being cared for at a children’s hospital in Málaga, where his condition is said to be stable. Brett King and his wife, Naghmeh, can be held for a maximum of 72 hours as a Madrid judge considers whether to grant an extradition request, while their seriously ill son is cared for at a children’s hospital in Málaga. His condition is said to be stable.
Juan Isidro Fernandez, a lawyer for the parents, said the couple, who took Ashya from Southampton General hospital, were “sad and desperate” as they sought new treatment for the child and had been “slandered and their reputation destroyed”. Juan Isidro Fernandez, a lawyer for the parents, said the couple, who took Ashya from Southampton General hospital, were “sad and desperate” as they sought new treatment for the child and had been “slandered and had their reputation destroyed”.
The couple were arrested on Saturday at a hotel in Vélez-Málaga after boarding a cross-channel ferry with Ashya and his six siblings, then driving to Spain. The couple, from Portsmouth, were arrested on Saturday at a hotel in Vélez-Málaga after boarding a cross-Channel ferry with Ashya and his six siblings, then driving to Spain.
The family, from Southsea, Portsmouth, left Britain to seek proton beam therapy for the tumour, not available in the UK. The treatment is a form of radiotherapy used to treat some cancers which damages less healthy tissue compared with conventional x-ray treatments. It is available on the NHS in some cases, but patients have to be sent abroad. The Crown Prosecution Service said the case was under “immediate review” and that a decision would be made on whether to prosecute. A spokesman said it had applied for the arrest warrant on Friday “at the request of Hampshire police for an offence of cruelty to a person under the age of 16 years”.
It also emerged that Ashya had been made a ward of court after Portsmouth city council obtained a temporary order on Friday at the request of the Southampton hospital that he be “presented for medical treatment”. That order is due to be reviewed on Wednesday. It means, in effect, that the local authority takes on parental responsibilities and any major decisions must be approved by the court. It also emerged that Ashya had been made a ward of court after Portsmouth city council obtained a temporary order on Friday at the request of the Southampton hospital that he be “presented for medical treatment”. That order is due to be reviewed on Wednesday. It means, in effect, that the local authority takes on parental responsibilities and that any decisions regarding his welfare must be approved by the court.
Aysha has been under police guard since Saturday, with his family prevented from visiting him. His oldest brother, Danny, 23, was hoping to be allowed to see him on Monday. Ashya has been under police guard since Saturday, with his family prevented from visiting him. His oldest brother, Danny, 23, was hoping to be allowed to see him on Monday.
His parents, who are Jehovah’s Witnesses, were arrested on suspicion of neglect under a European arrest warrant and appeared before the private hearing at the audiencia nacional – Spain’s central criminal court – in Madrid on Monday morning . Another of his brothers, Naveed, 20, told Channel 4 News: “We’re not allowed to go and see Ashya at all. There is police standing outside his hospital room. We are not allowed to go and see him. We have tried to call the hospital but they are not revealing any information at all to us. My mum was by his [Ashya’s] side for the whole month that he was in hospital so for him to now suddenly not be with anyone of the family … his health might actually deteriorate because he can’t be entertained and be happy.”
They could now face a lengthy legal battle against extradition. Their lawyer said the two had hoped to sell an apartment they owned near Málaga to raise funds for the treatment they claim is being denied in the UK. If the Spanish court agrees to extradition, they can appeal, with subsquent hearings potentially dragging on for months. His parents, who are Jehovah’s Witnesses, appeared before the private hearing at the audiencia nacional – Spain’s central criminal court – in Madrid on Monday morning. A lengthy legal battle against extradition may now begin.
Fernandez said outside court that the couple had been ordered to be held in preventive custody while the judge considered medical and other documents in the case. “Our understanding is that when the hospital reports arrive, the parents will be released and will have complete freedom to take their son to another hospital, which is what they are looking for, an alternative treatment.” The couple’s lawyer said outside court that the two had hoped to sell an apartment they owned near Málaga to raise funds for proton beam therapy to treat Ashya’s tumour. The treatment, not routinely available in the UK, is a form of radiotherapy used to treat some cancers that damages less healthy tissue compared with conventional x-ray-based treatments. The NHS can offer it in some cases, but patients have to be sent abroad. The Kings claim the UK hospital refused to give Ashya the treatment.
He said Ashya was being treated with chemotherapy and radiotherapy in the UK but his parents wanted the proton beam treatment, which was available in the Czech capital, Prague, and in Houston, Texas. “The parents love their children dearly and much of what’s been said about them is manipulations and lies,” Fernandez added. If the Spanish court agrees to extradition, they can appeal, and hearings could drag on for months. Fernandez added that the court had ordered that they be kept in preventive custody while the judge considered medical and other documents.
They did not need permission to remove Ashya from the hospital, the lawyer said, “because if you are a parent you have custody”. He added the couple were considering legal action for slander and false detention. “Our understanding is that when the hospital reports arrive, the parents will be released and will have complete freedom to take their son to another hospital, which is what they are looking for.”
Hampshire police sought the arrest warrant claiming Ashya was in “grave danger” and the battery of his tube feeding unit was likely to run down on Friday. He said Ashya was being treated with chemotherapy and radiotherapy in the UK but his parents were looking to obtain the proton beam treatment in Prague. “The parents love their children dearly and much of what’s been said about them is manipulations and lies,” he added.
The family have hit back in videos posted on YouTube. In one, Ashya’s father said they had no option but to remove him from Southampton, claiming the family feared he would be made the subject of an emergency protection order. They did not need permission to remove Ashya from the hospital, the lawyer said, “because if you are a parent, you have custody”. He said the couple were considering legal action for slander and false detention.
In another, one of Ashya’s brothers, Naveed, 20, said they had plentiful supplies of the same food he was being tube-fed at Southampton, and that there was a power charger for the feeding unit. Hampshire police sought the arrest warrant claiming that Ashya was in “grave danger” and the battery of his tube feeding unit was likely to run down on Friday.
The family have posted several videos on YouTube. In one, Ashya’s father said they had no option but to remove him from Southampton, claiming the family feared he would be made the subject of an emergency protection order.
In another, one of Ashya’s brothers, Naveed, 20, said they had plentiful supplies of the food he was being tube-fed at Southampton, and that there was a power charger for the feeding unit.
Danny King said the family only became aware of the international search when they arrived in Spain and went online. “We never thought this would be such a big deal. We just wanted to do what’s best for Ashya,” he told the BBC, adding that the whole family was devastated. He said his mother had spent a month and a half at Ashya’s hospital bedside, and being separated from him was extremely hard for everyone.Danny King said the family only became aware of the international search when they arrived in Spain and went online. “We never thought this would be such a big deal. We just wanted to do what’s best for Ashya,” he told the BBC, adding that the whole family was devastated. He said his mother had spent a month and a half at Ashya’s hospital bedside, and being separated from him was extremely hard for everyone.
The family had found it incredibly difficult not being able to visit Ashya in hospital. “They did allow a voice recording that was set up to be played to Ashya ... I’m grateful that the doctors appreciate how important it is for Ashya just to hear the voice of one of his brothers,” Danny said.The family had found it incredibly difficult not being able to visit Ashya in hospital. “They did allow a voice recording that was set up to be played to Ashya ... I’m grateful that the doctors appreciate how important it is for Ashya just to hear the voice of one of his brothers,” Danny said.
“We’re not oblivious, his life will be shorter than most kids, but we want his quality of life to be the best. We’ve done so much research on all treatment that is available to Ashya – I know that side effects for the proton beam therapy are less and he would have more or less a normal life if he received that treatment. We know it’s not a miracle treatment.”“We’re not oblivious, his life will be shorter than most kids, but we want his quality of life to be the best. We’ve done so much research on all treatment that is available to Ashya – I know that side effects for the proton beam therapy are less and he would have more or less a normal life if he received that treatment. We know it’s not a miracle treatment.”
The Proton Therapy Centre in Prague confirmed it was able to treat Ashya immediately if he was eligible for proton therapy, with the cost of the treatment to be sorted out later. However, his doctors in Britain would have to agree to the treatment. Treatment of paediatric tumours at the centre costs £60,000-£65,000.The Proton Therapy Centre in Prague confirmed it was able to treat Ashya immediately if he was eligible for proton therapy, with the cost of the treatment to be sorted out later. However, his doctors in Britain would have to agree to the treatment. Treatment of paediatric tumours at the centre costs £60,000-£65,000.
Southampton General hospital’s medical director, Dr Michael Marsh, said he regretted that its relationship with the Kings had broken down. It had discussed proton beam therapy with them, but added that sometimes there “isn’t the evidence that this is a beneficial treatment”. Southampton General hospital’s medical director, Dr Michael Marsh, said he regretted that its relationship with the Kings had broken down. He said they discussed proton beam therapy with the family, but said sometimes there “isn’t the evidence that this is a beneficial treatment”.
Marsh said that there was real concern for Ashya’s welfare when he went missing and the hospital had no idea what his parents intentions were. He added: “The chances of surviving the condition Ashya has are about 70-80% after five years so we believe that he has a good chance of a successful outcome provided he gets access to the most appropriate treatment.”Marsh said that there was real concern for Ashya’s welfare when he went missing and the hospital had no idea what his parents intentions were. He added: “The chances of surviving the condition Ashya has are about 70-80% after five years so we believe that he has a good chance of a successful outcome provided he gets access to the most appropriate treatment.”
The Crown Prosecution Service said the case was under “immediate review” and a decision would be made on whether to prosecute. A spokesman said it had applied for the arrest warrant on Friday “at the request of Hampshire police for an offence of cruelty to a person under the age of 16 years”.
The Brain Tumour Charity said on Monday that the isolation of Ashya from his parents was “fundamentally and morally unacceptable”.The Brain Tumour Charity said on Monday that the isolation of Ashya from his parents was “fundamentally and morally unacceptable”.
Sarah Lindsell, chief executive, said: “Whatever the facts of the situation facing Ashya King’s family, the Brain Tumour Charity knows, from its experience of working with families over many years, that separating a desperately ill child from their family has significant emotional and psychological consequences. Sarah Lindsell, chief executive, said: “Whatever the facts of the situation facing Ashya King’s family, The Brain Tumour Charity knows, from its experience of working with families over many years, that separating a desperately ill child from their family has significant emotional and psychological consequences.