Chippenham man pleads for right to die

> > Tony Nicklinson, 56, communicates with the use of a Perspex board and > letters, looking, blinking and nodding to spell out words.

> > He is seeking clarification on the law to make sure that if he asks his > wife Jane, 54, to take direct action so he can die, she will not be > prosecuted for murder and be given a mandatory life sentence.

> > Mr Nicklinson is unable to end his life without direct assistance - > unless he starves and dehydrates himself to death.

> > His legal team wants a judicial review to clarify how the murder law > applies in cases of mercy killing.

> > The proceedings come after new guidelines on assisted suicide were > issued by Director of Public Prosecutions Keir Starmer in February.

> > The new guidelines put greater emphasis on the motivation of the > suspect, meaning cases against those who act with compassion are > unlikely to be pursued.

> > "Right-to-die" campaigner Debbie Purdy, who has multiple sclerosis, won > a ruling from Law Lords to clarify the law.

> > But whereas her case would come under assisted suicide, because she > would be able to take the final action to end her life, Mr Nicklinson's > case would come under murder, meaning a loved one who helped directly > end his life would be prosecuted for murder.

> > > > The lawyers will argue that the murder law does not have the flexibility > to consider motivation and circumstance.

> > In a witness statement, Mr Nicklinson, from Chippenham, Wiltshire, said: > "I am a 56-year-old man who suffered a catastrophic stroke in June 2005 > whilst on a business trip to Athens, Greece.

> > "It left me paralysed below the neck and unable to speak. I need help in > almost every aspect of my life. I cannot scratch if I itch. I cannot > pick my nose if it is blocked and I can only eat if I am fed like a baby > - only I won't grow out of it, unlike a baby.

> > "I have no privacy or dignity left. I am washed, dressed and put to bed > by carers who are, after all, still strangers. I am fed-up with my life > and don't want to spend the next 20 years or so like this.

> > "Am I grateful that the Athens doctors saved my life? No, I am not. If I > had my time again, and knew then what I know now, I would have not > called the ambulance but let nature take its course."

> > In a letter before claim, his law firm Bindman said: "If Jane > Nicklinson, his wife, were to help her husband to end his life, she > would have to take some positive steps that would put her at a very real > risk of being prosecuted for murder, rather than assisted suicide, > notwithstanding Tony Nicklinson's voluntary, clear, settled and informed > decision to commit suicide at a future date. As you know, consent is no > defence to murder.

> > "Mr and Mrs Nicklinson wish to know whether Mrs Nicklinson will be > prosecuted for murder in the event that she were to assist her husband > to end his life by taking active steps.

> > "There is, however, no guidance available setting out what factors you > consider relevant in deciding whether it is in the public interest to > bring a prosecution for murder in cases of 'mercy-killing' or > euthanasia.

> > "We note the guidance that you have recently published setting out the > factors that you consider relevant in deciding whether you will give > your consent to a prosecution for assisted suicide under S 2(1) Suicide > Act 1961.

> > "Among the factors that militate against a prosecution are that the > victim has reached a voluntary, clear, settled and informed decision to > commit suicide, and the suspect was wholly motivated by compassion.

> > "We understand that this guidance does not apply to cases of euthanasia > or mercy-killing. However, we suggest that these factors are just as > relevant to the decision to prosecute an individual for murder as they > are to cases of assisted suicide."

> >> > Sarah Wootton, chief executive of Dignity in Dying, said: "Mr > Nicklinson's situation is rare and tragic. His request to die presents > society with difficult questions, for which there are no easy answers.

> > "One thing is clear: the current law fails Tony Nicklinson and his > family.

> > "The law of murder is primarily used to convict people who act out of > malicious motivation and as such carries a mandatory life sentence. It > should not be used to prosecute someone who compassionately helps a > person who is suffering to die at their request.

> > "The Law Commission established this as an area of concern in its 2006 > review of murder law, calling for a further review into whether there > should be a specific offence or defence of 'mercy killing'.

> > "In the absence of any review, we hope that this legal case will help to > clarify the law as it applies to Mr Nicklinson and others, and put > further pressure on the Government to address the problems with our > existing and outdated murder law."

> > She continued: "This case raises many ethically difficult questions.

> > "It would be impossible not to feel sympathy for Mr Nicklinson and his > family, yet we also understand that his right to control over his death > must be balanced with concerns about the impact of legalising assisted > suicide on potentially vulnerable groups.

> > "When working for social reform, there will always be a need to balance > individual rights with the impact on society."

> > She added: "Decision-makers cannot bury their heads in the sand as if > this is a theoretical problem. People are taking control at the end of > their lives, often in desperate and dangerous ways.

> > "There is a difference between assisted dying for terminally ill people, > assisted suicide for non-terminally ill people, 'mercy killing' and > euthanasia, but the current law fails to reflect this."

> > The legal team will argue that the murder law interferes with Mr > Nicklinson's right to respect for his private life under Article 8 of > the European Convention on Human Rights (ECHR).

> > They will say he needs clarity on the how the law of murder applies in > cases of genuine "mercy killing" so he can understand the implications > for his wife.

> > And they will attempt to clarify the law to recognise the differences > between genuine "mercy killing" and murder.

> > > > The lawyers said in their letter to the DPP: "We request that you issue > policy guidance for prosecutors stating that even in cases of murder it > will not always be in the public interest to prosecute, and that > relevant factors against prosecution include that the 'victim' is over > 18 years of age; has made a voluntary, clear, settled and informed > decision to end their life; is unable by reason of their disability to > commit suicide, even with assistance; and that the suspect is wholly > motivated by compassion.

> > "Alternatively, if your policy is always to prosecute cases where the > evidential threshold for murder has been crossed, we request that you > confirm that to be the case and your reasons for adopting that policy."

> > > > The Nicklinsons, whose 24th wedding anniversary is today, have two > daughters, Lauren, 22, and Beth, 20, who both live at home.

> > Mr Nicklinson suffered the stroke while working for a Greek civil > engineering company based in the United Arab Emirates (UAE).

> > At the time he was vice-chairman of the Arabian Gulf Rugby Football > Union and was described as an outgoing and confident person with a busy > and active social and family life.

> > The stroke came as the result of an undiagnosed heart problem and left > him in a critical condition in an Athens hospital for two months.

> > He was flown back to a hospital in Dartford, Kent, where the family > lived before going to work in the Middle East.

> > Mr Nicklinson now needs help with every aspect of his life.

> > He has a switch on a cord which he wears around his neck and which he > uses to call for assistance, change television channels or use his > specially-adapted computer.

> > He spends his days writing his memoirs and watching TV, with carers > helping him to sit up, shower and dress.

> > His food is mashed into a fluid and fed through a tube.

> > In the letter before claim, his lawyers said: "Tony Nicklinson states > that he is fed-up with his life and does not wish to spend the next 20 > years or so in the condition which he faces.

> > "He states that he is not depressed and he is not in need of > counselling. He has had almost four years to think about his future and > he does not relish the prospect.

> > "He suffers from locked-in syndrome and he can expect no cure or > improvement in his condition as his muscles and joints seize up through > lack of use.

> > "As he puts it, he can expect to 'dribble his way into old age'.

> > "He wishes to have the right to decide his own fate, a right which is > rendered impossible owing to the nature of his disability and the fact > that he cannot terminate his life at a time of his own choosing.

> > "Tony Nicklinson also instructs us that he does not wish to die in a > foreign country, but rather he wishes to end his life in the comfort of > his own home surrounded by those he loves.

> > "As a person with disabilities which render him unable to terminate his > own life, he feels that the law discriminates against him because he > cannot commit suicide at a moment of his choosing, but needs the > assistance of another."

> >) > > Mrs Nicklinson said: "The fact that Tony is unable to speak is hideous.

> Rugby is his passion in life and he was always the life and soul of the > party so the fact that it is so difficult to communicate is extremely > frustrating.

> > "He does not feel he has any quality of life and wants the right which > everyone else has to decide when to end it. He will not ask me to help > him, or anyone else to help him, if he thinks they will be prosecuted > for murder."

> > Mr Nicklinson's solicitor, Saimo Chahal, who was also the solicitor in > the Debbie Purdy case, said: "To charge somebody like Jane with murder - > carrying with it a mandatory life sentence, were she to accede to her > husband's demand to terminate his life at his instigation and with his > consent - is wrong when you consider that this places her in the same > category as a bomber who intends to maim or kill as many people as > possible.

> > "The law of murder is inflexible and the Law Commission was right when, > in 2006, it recommended that the law should be reviewed, particularly in > the context of mercy killing. The law in this area needs to be reviewed > in order for it to be effective and respected by the public."