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Dublin: 10 °C Thursday 23 May, 2013

British man loses high court battle to end his life

Tony Nicklinson, who is paralysed from the neck down, has described his life as “pure torture” and wept as the verdict was announced.

Tony Nicklinson with his wife Jane (left) and daughters Beth (right) and Lauren. He says he is
Tony Nicklinson with his wife Jane (left) and daughters Beth (right) and Lauren. He says he is "devastated and heartbroken" after losing his High Court battle.
Image: Emma Hallett/PA Wire/Press Association Images

A BRITISH MAN who is paralysed from the neck down has lost his high court battle to end his life of “pure torture” with the help of a doctor.

Tony Nicklinson, who suffers from locked-in syndrome, which has left his body paralysed but his mental faculties intact, wept as the verdict was announced.

“You can see from Tony’s reaction he’s absolutely heartbroken,” said his wife Jane, vowing to continue with their legal fight to ensure that any doctor who helped her 58-year-old husband die would not face a murder charge.

Illegal

Euthanasia and assisted suicide remain illegal in Britain, but an inquiry recommended in January that lawmakers should consider changing the law to let doctors help some terminally ill people end their lives.

A second locked-in syndrome sufferer, who cannot be identified and was referred to in court as “Martin”, also lost his challenge to Britain’s ban on assisted dying.

Three judges sitting in London described the two cases as “deeply moving and tragic”.

But they unanimously agreed that it would be wrong for the court to depart from Britain’s long-held legal principle that voluntary euthanasia is a form of murder.

It should be up to parliament to decide whether the law should be changed, the judges added.

‘A life of increasing indignity and misery’

In a statement issued by his lawyer, Nicklinson said: “I am devastated by the court’s decision.

“I thought that if the court saw me as I am, utterly miserable with my life, powerless to do anything about it because of my disability, then the judges would accept my reasoning that I do not want to carry on and should be able to have a dignified death.

“I am saddened that the law wants to condemn me to a life of increasing indignity and misery.”

The Nicklinsons have said they will appeal against the decision and hope there will be a new hearing before the end of the year.

Asked what would happen if the appeal fails, Jane Nicklinson said: “Tony either has to carry on like this until he dies from natural causes or by starving himself.”

There is no cure or treatment for locked-in syndrome.

Nicklinson was left paralysed by a stroke in 2005. He is forced to communicate by controlling a computer with eye movements, and his paralysis is so severe that killing him would go beyond assisted suicide.

- © AFP, 2012

Read: A “strong case” for offering assisted death to terminally ill, says UK report

Read next:

Comments (71 Comments)

  • I’d think I’d rather be dead too if I had locked in syndrome

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  • Very sad, would it be possible to bring him abroad and have it done there?

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    • He has stated (through voice activated computer) that he shouldn’t have to travel to a foreign country to die. His lawyers have also said that he is too unstable to make the journey. Absolutely heart breaking situation. Saw him on the news earlier and he was clearly devastated. Unfortunately the judges in this case have said its a matter for the government to change the law before ruling in his favour. Cannot imagine what he and his family are going through. So sad

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    • He could be brought to Zurich, but that would be expensive and cause additional suffering, and the poor man understandably wishes to die at home close to his nearest and dearest, not in a foreign country.

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    • I read another article where his wife said: “We could go to Switzerland but it is very expensive and he doesn’t see why the hell he has to go to another country to die in an industrial estate.”

      Gave me a chill to read, I can’t even imagine his level of suffering.

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    • There was a documentary on TV a couple of years ago where a British man travelled to Switzerland to end his life in this particular manner. So I believe there are options for sombody who wishes to take this step.

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    • They can stop your travel if they think you are going to die, they can arrest anybody who has traveled with you too.

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    • Heart breaking alright.

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    • I think the family have been offered financial help from an anonymous donor to go to Switzerland but have refused.

      For people who have made such a decision there is a lot at stake in terms of principles. I agree he shouldn’t have to travel in order to be allowed to end his suffering.

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    • @Ruairí O’Mahony I think the documentary you saw was called Right to Die: The Suicide Tourist. http://www.imdb.com/title/tt1246599/ One of the most beautiful, caring and incredibly brave life stories I have ever seen. Google is your friend if anyone wants to watch it but I truly believe everyone should. You will never see life, death or the true wonder of human kindness the same way again.

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  • A very sad case. Unfortunately the judges can only make their ruling according to the law as it stands, even when the law is an ass.

    Lets hope new legislation is introduced soon to allow for planned death with dignity in cases like this.

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  • Shem 16/08/12 #

    Disgusting that people are forced to endure lives of misery and pain like this. Is it really any different than what people regularly call barbaric practises in the east ? Misery and suffering inflicted on people to satisfy others sense of morality ?. This man has done nothing to deserve this suffering yet must endure it for the sake of other people consciences. And anyone who would help him would be condemned. Amazing.

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  • This man should be granted his wishes.

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  • medred 16/08/12 #

    Anyone who is against this man making his own choice to end his own life needs to have a dose of pancuronium to see life in his shoes.

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  • Is it time for a referendum on this subject in countries like the UK and Ireland?

    Anecdotally the vast majority of people would support allowing for death with dignity.

    Why should one person’s so-called ‘morality’ force another person to continue suffering?

    It is generally accepted by society that we should end the life of an animal to ease its suffering (read the Baltimore whale threads) but in the case of humans we insist that their suffering must continue! Where is the morality in that??

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    • Yes but with Ireland still holds a lot of Catholic values. Or at the very least, those who vote in Ireland still hold those values.

      For many, it is a religious belief that would be the problem.

      The state is not the owner of this man’s life – he should be able to die with dignity.

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    • it’s an ethical issue as well as any religious issues, the fact of the matter is many elderly in particular opt for it as they see themselves as a burden or financial stress upon their families so where if any would the line be drawn!?? people feeling down due to illness or depression making an unnecessary decision to end it all when it’s not the answer! i have spoken to people who feel like a burden on society and their families and allowing the likes of this would pressuriz a lot of people into ending their lives prematurely

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    • mattoid 17/08/12 #

      @Sinead
      Fair point, but its not that difficult to establish the cases who are genuinely terminally ill and suffering every day.

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  • Exactly, Mattoid. We can take pity on an animal’s suffering and euthanise it, but when a human no longer wishes to put themselves and their family through any type of suffering such as Tony’s, it’s suddenly oh-so wrong.

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  • Poor man. It’s impossible to imagine why they want him to continue like this. :-(

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  • my dad is very sick and doctors said two years ago he had less than 50% chance of surviving more than one year. As it is he can move and all physically and is in sound state of mind but cant walk and needs someone there nearly all the time as hes in the final stage of emphysemia. I would hate to think that if it got to the stage he found life so unberable there would be nothing we as a family could do for him.

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  • Barry 16/08/12 #

    I watched the Channel 4 doc on this, bloody heartbreaking stuff, I see no problem allow it as long as the person is proved shane and has undergone appropriate tests/assessment. This man should be allowed end his life if he wishes at this stage

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  • This is so heart breaking, something needs to be done about this, I don’t think an appeal will work either.. Time for a referendum on euthanasia in Ireland and the UK.

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  • That’s just horrific!

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  • He should be allowed to die providing that is his absolute wish and not forced by duress by people around him who think they know more about his suffering then he does.

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  • In his documentary he said that if he couldn’t legally die assisted then he will starve himself to death. Unfortunately if the judges allow him to die then other cases down the line could use this case as the test to perhaps get a person away with murder who is claiming assisted suicide.Heartbreaking stuff.

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  • If we are allowed to put an animal out of its misery then why should humans be allowed suffer if there is no cure and they will never lead a normal life.. It just doesn’t seem right

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  • I truly feel sorry for this man. As a complete hypochondriac I can’t evennimagine his suffering.nnHowever, a lot of posters refer to the moral argument against assisted suicide. But I don’t think that’s why people would oppose this. I think it’s more to do with the wider policy implications – where do we draw the line in assisting people to die? How do we ensure that it remains voluntary? What happens to society’s view of illness if we go down this road? Do we lose respect for life? The editor of the Journal of Medical Ethics has just written about the moral obligation of parents to genetically screen their pregnancies to weed out weaknesses, personality disorders etc. All of these issues have wider, ethical and public policy implications which have never really been debated. nn

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    • These are definitely questions we should be discussing but the debate never really gets going. When an assisted suicide advocate comes to ireland we get the Mail using puerile headlines with Dr. Death in them; John Waters, youth defence and David Quinn get their knickers in a knot; Moncreif or some one does a sympathetic interview and then it’s over before anything really gets talked out sensibly. Meanwhile couples are told that if they go to Switzerland the partner will be arrested on return in a weird mirror of the X case… All the stuff you mentioned won’t stand a hope of real discussion for a while yet.

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  • I have put money aside to be taken to Zurich if such circumstances occur. I have also got the agreement of both my sons that they will give every assistance, and to hell with the law. It’s my life and I’ll live it and end it as I think fit.

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  • A very sad story.

    I can see the judges being right to defend the law – as it stands!
    However, the law clearly need to be re-looked at in regards to these matters.
    I further suspect then that if the law was changed, the judges would have no problem (hopefully) in deciding for the poor suffering man.

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  • Many people fight and argue for the right to life but few address the right to a dignified death. It has been this man’s life and no-one else’s. By telling someone that they can’t choose their own death the law basically stakes a claim of ownership on that person’s life. Illogical and cruel.

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  • The only way this man can end his own life in Britain, is if he starves himself. How the hell is that fair??
    It’s absolutely ridiculous that someone can override this man’s perfectly sane decision, just because he can’t physically do it himself.

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  • Just a quick comment in regard to Una’s point, while I understand that your sentiment is based out of thoughtful reasoning I fear in this case you may be misguided for two reasons in my opinion… Firstly you have to see it from the person with the condition who has lived it for several years and has obviously come to this decision rationally over the span of all that time in conjunction with his loved ones, I don’t think there could be a more considered and well informed approach to a decision taken… And point two relates to the fact that there is no demonstrable evidence to suggest that there is anything other than an extinguishment of life when we die and therefore no suffering would be experienced, I deeply hope that self responsibility and judgement will finally be returned to people from government as it should be in many guises throughout the legal system, if indeed we are to fulfil our potential as truly empathetic and caring human beings..

    Regards

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  • Absolutely disgraceful! Typical Christian bullshit: better to suffer than take one’s life. >:-(
    This man has clearly had enough, if I were in his shoes I would rather die as well.

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    • Typical atheist bullshit to blame it on Christianity.

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    • I totally support this mans wish but I can count the number of countries on one hand that allow it. So how can you blame it on Christianity? Sure it was illegal before Christianity came about. I was just responding to the typical horse sh!t comment one comes to expect on here.

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    • So…you agree that this man should have the right to die and in the same breath defend Christianity.
      Hmm…right…I’m sure there’s a contradiction in there somewhere.

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    • Yes of course I do but I love exposing you little hipster atheists. I’d suspect that Christians don’t agree with suicide because of something that people thought long before Christianity existed. Take ancient Greece for example, if you committed suicide you were buried outside the town away from everyone else but I’m sure you’ll come up with a way to blame that on the Christians too.

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    • Hipster?!? Well that’s me bested.
      Excuse while I leave this forum and listen to my indie records.

      Reply
    • AlMar 16/08/12 #

      Eoghan – this was a British court case. I fail to see what Christianity had to do with the court decision. As far as I can tell, the judges decided on the basis that it was up to the Parliament to decide, not judicial activism. nn

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    • I think you were bested when you wouldn’t address the point I was making. Please do explain why suicide isn’t legal in mostly non-religious countries. Yea a atheist hipster, as in the people that hate religions not because they really do but because they want to fit in with a certain type of people or more commonly known as libtards (seen and met hundreds of ye in college, usually had as much sense as what was in their student pockets).

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    • Ah the common ploy of dim atheist lefty. I take it you can’t answer my question either, so you try to annoy me. I’ll give you a 2/10….. just for effort.

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    • Give me whatever you want! I’m just pointing out that making sweeping statements is idiotic. But you seem to somehow categorize me because if it… Idiot. God bless

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    • Still no answer and you call me the idiot? Thanks for the laugh before I go to bed.

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    • I think you’re confusing me with someone else Mr Ryan, I’m not hear to answer/agree/disagree with you, as I explained in my previous post, just pointing out the idiocy in your sweeping statements. Night night angry man!

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    • I’m not angry, far from it. I ask a simple question and I get abuse. It shows more about you than it does me.

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    • You, John, win the award for most idiotic person I’ve come across on the internet this week! Congratulations!

      Atheist-Hipster [ey-thee-ist-hip-ster]
      noun
      A person that hates religion, not because they really do, but because they want to fit in with a certain type of people.

      I won’t deny that some people probably become atheists because they want to rebel or want to be a part of a more intelligent crowd or whatever (the better your education is the more likely you are to be an atheist, which refutes your “dim atheist” comment but that’s sort of anecdotally evident from the fact you met all these people in COLLEGE!) but calling every atheist one IS a sweeping statement and this ISN’T a “lefty” ploy. In fact, if you were to make a broad sweeping statement about atheist it would be more accurate to say they don’t believe in god because they genuinely don’t believe in god. Also, not all atheist hate religion.

      As to the original comment, I agree it’s a bit off topic but it is true that many people who do not believe in euthanasia do so for religious reasons and in the west the primary religion is christianity. This very likely has a large impact on euthanasia laws.

      By the way I consider myself agnostic. However, I’m an atheist with respect to any god that can be disproved to a reasonable degree, such as Thor, Zeus or the god of the bible, but I reject the atheist label for reasons too long winded to go into here.

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  • This must be heartbreaking for both himself and his family . Almost as bad as the condition itself. If he has made the decision on how and when he wants his life to end why should the any one else have the right to stop him .it is not as though it was something he decided on a whim

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  • options 16/08/12 #

    the poor man is suffering ,, who gets to decide , ,maybe the doctors shoudnt intervene in the first place and have let him have a natural death when he had the stroke , another person may be delighted that they can communicate using assistive technology

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  • i do understand that a doctor is all cases cant be expected to go against his oath to help people no matter what but i feel awful for this man.

    If the law does not change i hope that at least stem cells and medical advancement can help him.

    every moment of his life is a nightmare

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  • my heart goes out to that poor man and his loved ones to see the sheer horror in his face when he was told he lost his case its cruel I hope he finds some peace of mind.Once a person is that clear on what he wants he should be given the help he needs if i where in the same position as him i would like the option of an assisted suicide it may not be for everyone but everyone deals with things differently Tony ur in my thoughts

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  • Mercy!

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  • That is horrendous, poor man.

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  • tough one to call for the poor man but i suppose the judges have no right to decide whether he lives or dies either

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  • ”You don’t know Jack” is a great film featuring Al Pacino on this subject.

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  • If you have right to live, it follows that you have a right to die,

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  • Sad story, Could they not go to Switzerland?

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  • This man is in an awful awful situation but when making a choice to live or die how can you make an informed decision when no one actually knows what happens when you die. Maybe death is much worse than living in paralysis. At least his mind is still active and maybe he can still have small moments of happiness with his family. I’m not trying to belittle his disease I’m just trying to point out that no one actually knows what they are choosing when they choose death. So how can you say you’d prefer that when you don’t know what you’re actually choosing? It’s just something that I think people don’t really think about.

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    • How could death be much worse than what he currently has to endure ?
      As cliched as it sounds if there was anything wrong with my cat or my dog they would possible advise me to put them to sleep ! I don’t understand how a person would rather see their loved one suffer day after day and have a zero quality of life, it’s selfish

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    • Una. Death is very simple; it’s 1851. Or for me it could be 1977. You see in 1977 I didn’t feel any pain or suffer in any way because I wasn’t born yet. By the same token, when you die, the pain receptors in your brain begin to rot and break down and cease to function and thus are incapable of feeling pain.

      Of course there’s unfalsifiable theories that your “soul” goes on or you go to heaven/hell or whatever but there is no basis for these claims or any claims of life after death so that there are literally an infinite number of possibilities. There are so many unknowns, even in basic decisions we make every day, it would be impractical to only make choices when we know 100% what we’re choosing.

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  • Ok everyone hears that, such is the law and thumbs up here won’t change a thing for this man. Why do they even bother with courts, waste of time. They already turned down other people with same appeals then even for that fact, they wont make exception for him – politicians and judges fear that word the most – inconsistency and precedense. He has to reconsider his position and decide for Swiss job. I get his point why to not to, but its clearly pointless fight, then… Very sad situation, unthinkable.

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  • I heard the real reason the judgement disallowed his plea was they were worried it would open up the floodgates for all British men to claim the same torture merely from having to live in the UK.

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  • Wallace defending the church ! ! Must be one of the little church boys !

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