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Professor's final moments on TV | Bragg: quiet death appeals | Not a case for prosecution |
A mother and father who took their paralysed son to a suicide clinic in Switzerland will not face charges.
Keir Starmer, QC, the Director of Public Prosecutions, said that there was sufficient evidence to prosecute Mark and Julie James under the Suicide Act 1961, but that a prosecution would not be in the public interest.
The decision does not set a legal precedent, but campaigners seized on it as a reason to clarify laws on assisted dying. Church leaders refused to condemn the announcement, but said that they remained firm in their opposition to any relaxation of the law.
Daniel James, 23, died at the clinic run by Dignitas on September 12. He had been paralysed from the chest down in an accident during rugby training and doctors had said that he was unlikely to make a significant recovery. He had repeatedly said that he wanted to die rather than live a “second-class existence” and had tried to commit suicide several times.
Mr Starmer said that far from encouraging their son to kill himself, the couple had tried to talk him out of it. “Daniel, as a fiercely independent young man, was not influenced by his parents to take his own life and the evidence indicates he did so despite their imploring him not to,” he said.
Mr Starmer concluded in his written assessment of the case that it was unlikely that a court would impose a custodial sentence. “In all probability the sentence would be either an absolute discharge or possibly a small fine.”
Mr James contacted Dignitas, the Swiss organisation that assists those with terminal or incurable illnesses to end their lives, in February asking for help to kill himself. In his letter, he said: “I want to die, and due to my disability I am unable to make this happen. Not a day has gone by without hoping that it will be my last. I do not want another failed attempt.”
After his death, West Mercia Constabulary interviewed his parents, who confirmed that they had helped with documentation to Dignitas, made payments to the organisation from their bank accounts and arranged to take him to Switzerland.
The debate is likely to be inflamed by a television documentary to be shown tonight in which Craig Ewert, a former university professor with motor neuron disease, will be seen ending his life. It will be the first time that an actual death from assisted suicide has been televised in Britain.
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The poor guy couldnt move, paralysed from the neck down, let him have his choice, he chose to die because he couldnt live. Dont blame his parents, they have lost a son and they will grieve forever, any loving mum and dad would do the same, no matter how it destroyed them. Lets just pray for them all
Nicola, Manchester, UK
I have a terminal illness for which there is no cure. Even today, the drug therapy is world-wide experimental. Even before my illness I believed a person has the right to end an intolerable life, regardless of age.
Kellyann, Coventry, West Midlands
It is, and remains an offence to do anything to assist suicide. The court was quite right to refuse to require the DPP to issue guidance as to the circumstances in which prosecutions may be forthcoming. A decision on each occasion must be taken on the facts as with any other criminal offence.
Steve, Leeds,
Gareth, the point is in their assisting his suiicide. They paid for it, they took him there. Your premise that he had the right to go where he wanted is immaterial as they,in effect, helped facilitate his suicide. You point only has weight if all they did was let him go, not helped him go there.
Brian Putman, Oxford,
People who oppose euthanasia generally follow some sort of god, this leads me 2 think that there opposition stems from fear of god and there wish 2 do gods bidding. (Note: Not the poor kids bidding). I myself have been a good boy all year in fear that Santa doesnt bring me any presents. Phil age 34
Phil , Liverpool, uk
As parents, this must have been the heartbreaking experience they could ever endure. I admire them for supporting their son in his decision. I pray I would have the same courage if I were in the same situation. God bless them.
Sandy, Southampton, UK
A law which is not upheld makes the Law look silly and contributes to a "scoff-law" attitude in the population. Is there nobody in Government with enough courage to either uphold this law or get rid of it?
al, weybridge, UQ
We shouldn't be so FIXATED on the BODY. He wasn't paralyzed in his HEAD nor sustained brain injuries. He wasn't going to die of cancer in 1 month. There is some sense for that too. Maybe if the parents had more money they could have taken him to the bahamas instead.
Chris, Tucson, USA
I was so pleased to read this decision. Common sense prevailed. These parents have had enough to deal with. Their son made his decision, they stood by him, but still have to contend with their grief.
Sandra, Nevada, USA
An assisted suicide abroad is the awful last therapy for our failure as a society to accomodate the rational decisons of our fellow citizens. Anything that lives is disposed to life, and we must accept a rational decision against the same, in the face of our personal and overwhelming arguments.
Richard Straughan, Bath, UK
A wise decision by the DPP - which is more than I can say about the judges who refused to require the DPP to clarify the law in this area.
Ignorance of the law is no defence. So a refusal by the courts to clarify the law defies logic.
Chris, Ashford, Middx, England
Well... I cannot make sweeping judgement about enthanasia because I never undergo their hardship derived from paralyzed body. Just all I can do is revering their decision and praying that their hospitalized life will end up with a peace. MY prayer wil be with you.
Daniel, Kim, California, U.S.
How could she be prosecuted. The son made a decision to go to Switzerland - he has the right (in law) to go where he wants - a right already proven in law. That he decided to kill himself there is immaterial, he was exercising his right of movement within the EEA.
Gareth Jones, Cardiff, Wales
Keir Starmer, QC, the Director of Public Prosecutions has shown a welcome show of common sense and much needed compassion in making this decision. Prosecuting the parents would not have been justice and would have been the worst form of officialdom. Well done
S Yogarajah, Harrow, UK