A severely disabled man who wants to die should not even be allowed to ask the courts to give permission for a doctor to kill him, the High Court in London heard yesterday.
Tony Nicklinson, from Melksham, Wiltshire, is asking senior judges to declare that anyone who intervenes to end his life with ‘dignity’ would not be charged with a crime.
The case would have serious repercussions for the laws on euthanasia, and lawyers for the Government, which is challenging the case, said it was not for the courts to decide on the issue, but Parliament to change the law instead.
David Perry QC, representing the Ministry of Justice, applied for the case to be ‘struck out’ of the High Court yesterday before it is even heard, arguing that Mr Nicklinson’s case was an open and shut one.
The preliminary hearing yesterday heard that the 57-year-old, who suffers from ‘locked-in syndrome’, wants the court to declare that anyone seeking to end his ‘indignity’ would have a ‘common law defence of necessity’ against any murder or manslaughter charge.
But Mr Perry said: “There are compelling reasons why the court should not intervene. Mr Nicklinson is saying the court should positively authorise and permit as lawful the deliberate taking of his life. “That is not, and cannot be, the law of England and Wales unless Parliament were to say otherwise,” he added.
Mr Perry added that no matter how tragic the circumstances or situation, it was not a reason for ‘distorting the settled law’, and it could only be Parliament ‘who could properly put into place a system with appropriate safeguards and conditions, not the courts taking this on a case by case basis’, he said.
Mr Nicklinson’s legal action is the latest poignant challenge to the English law on euthanasia cases, but goes further than previous cases involving patients like Diane Pretty and Debbie Purdy. Previous legal challenges like theirs have asked for rulings on assisted suicide, but Mr Nicklinson is not physically able to take his own life even with help, so could not even commit suicide at Dignitas, the controversial clinic in Switzerland, where laws there require the patient to administer their own drugs.
Since suffering from a stroke in 2005, he was left with ‘locked-in syndrome’ and cannot move or communicate without the use of a Perspex board or through a computer which recognises his eye movement.
Mr Nicklinson is supported by his wife Jane and daughters Lauren, 24 and Beth, 23. Before yesterday’s hearing he explained his view: “What I have to look forward to is a wretched ending with uncertainty, pain and suffering whilst my family watch on helplessly.
“Why must I suffer these indignities? If I were able-bodied I could put an end to my life when I want to. Why is life so cruel?” he added.
His lawyer, Saimo Chahal will have the chance to put the argument against striking out Mr Nicklinson’s case on February 8.
She said: “We are saying there should be a defence to the law of murder and want a declaration that it would be lawful for a doctor to administer a lethal drug to terminate Mr Nicklinson’s life.”
Source : http://www.thisisbath.co.uk/Disabled-man-s-bid-end-life-dignity-courts-decide/story-15019887-detail/story.html
