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MS wife: I've lost case but won argument on suicide trips
Paul Cheston, Courts Correspondent19 Feb 2009
A woman with multiple sclerosis today claimed a victory in her court battle for her husband to be allowed to help end her life legally.
Debbie Purdy, 45, of Bradford, took a case to the Appeal Court to find out whether her husband, Cuban violinist Omar Puente, would be prosecuted if he helped her travel to a country where assisted suicide is legal. In England and Wales aiding and abetting suicide is a criminal offence with a maximum sentence of 14 years in prison.
She had hoped that the Director of Public Prosecutions would issue a policy guideline to clarify the law.
Today the Lord Chief Justice Lord Judge rejected her appeal but highlighted the case of tetraplegic former rugby player Daniel James, whose parents were not prosecuted after helping him go to Switzerland to end his life last year.
After today's hearing, Ms Purdy said: "I feel that I have won my argument, despite having lost the appeal. I am very grateful for, and respect the ruling of the Appeal Court.
"They have done everything they can do to clarify that, given the Dan James judgment, Omar would be unlikely to be prosecuted if he were to accompany me abroad for an assisted death, and we are therefore one step closer to the clarification I need."
The Appeal Court judges rejected her claims that DPP Keir Starmer QC should issue a policy guideline similar to those which exist for domestic violence, bad driving and football-related offences. Her counsel Lord Pannick, QC, had argued that the DPP had a legal duty to issue the guideline to Crown prosecutors. He said failure to do so would infringe Ms Purdy's right to private and family life under Article Eight of the European Convention on Human Rights.
Lord Judge, sitting with Lord Justices Ward and Lloyd, said: "The combination of the general guidance and, with the example of the decision in the case of Daniel James for analysis, there is ample material to address the likelihood of a prosecution if her husband assisted her suicide. Ms Purdy must take legal advice, and no doubt she will, and she must then make her own decision."
Ms Purdy was diagnosed with primary progressive MS in 1995 and has used a wheelchair since 2001. Although she says she wants to "live forever" she is a member of Dignitas, the Swiss organisation which operates euthanasia clinics. Her legal action is supported by Dignity in Dying, formerly known as the Voluntary Euthanasia Society.
Reader views (3)
I have a close family connection to MS as many of my family have suffered with this disease. My mother was informed of her diagnosis when I was 7 and I was 17 when she died. Over a period of ten years my mother slowly was taken apart loosing her ability to perform the most basic of personal tasks like dressing, take herself to the toilet to feeding herself. There is no dignity in asking your mother, husband or 11 year old daughter to take you to the toilet because you need a poo and you are having your period. The diagnosis and treatment of this disease has greatly improved over the years. But even the treatment in such diseases has side effects that very often add to the misery the victim and their family. Mum suffered fits as the result of her MS these left her confused often for several days in the end. MS is terminal it’s a game of give and take that can take many more than 10 years to ultimately take it all.
My mother left my farther when I was 14 to be with a man she had found love and friendship. He also suffered with MS. This information I give you to show that she was a fully functioning person mentally she felt the unhappiness of a failing marriage. David gave my mother love strength and support through out her final years.
At times my mother did not recognise me my brother our farther or even the room she was in. Which in the end was almost a good thing? Mum ended her life in a nursing home in a sheared room. She had several companions in the month she was t
- Chantal, Kent, 19/02/2009 18:25
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It is well known that the laws of this country need serious overhaul. Those in power think that they know what is good for people that they do not know or have any knowledge of. They sit on high and dictate. But it is not their fault and we cannot say that they are stupid. It is we that are stupid because we hand them this power which they wield and pay them vast fortunes. When required to deliberate and move forward into this day and age they become very wooly and fail to grasp the painful nettle. Failing to take any responsibility. We, the masses, are held to ransome by a handful of outspoken fools that want those that suffer to bear their pain to the natural end and not find a dignified relief. My heart goes out to Debbie and Omar.
- Mel Craig, Bexhill on Sea, 19/02/2009 17:13
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Parliament and in particular the bishops in the House of Lords are guilty of a terrible crime against humanity in systematically blocking reform of the current law on physician-assisted suicide.
- Colin, Toronto, Canada, 19/02/2009 16:43
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