Assisted suicide charge rejected for 'Dr Death'

Dr Michael Irwin, 79, paid 1,500 towards the cost of 58-year-old Raymond Cutkelvin's death at the Dignitas clinic in Switzerland.

He vowed to highlight the "hypocritical British system" surrounding euthanasia as he was arrested and questioned by police.

Director of Public Prosecutions Keir Starmer said there was sufficient evidence to prosecute him but it would not be in the public interest.

Mr Cutkelvin's partner of 28 years, Alan Cutkelvin Rees, was also told he would not face prosecution.

Mr Cutkelvin, of Hackney, east London, was diagnosed with an inoperable tumour of the pancreas in 2006 and died the following year at the clinic.

Mr Starmer said no criminal complaint was made about Mr Cutkelvin's death and police only began an inquiry after a newspaper article was published.

He said Mr Rees collected information, used a joint account to pay more than 3,000 towards the costs and accompanied Mr Cutkelvin to Switzerland.

But he said the dead man was "strong-minded" and made an "informed decision" to commit suicide "without any pressure" from Mr Rees or anyone else.

He said: "Mr Rees acted throughout as a supportive and loving partner and was wholly motivated by compassion."

Speaking about Dr Irwin, he said the circumstances were more complex, but that he too should not be prosecuted.

He said Dr Irwin co-operated with police but already has a caution for assisting suicide.

Mr Starmer said at his age it is unlikely a court would impose anything other than a "nominal penalty".

Dr Irwin was struck off the medical register in 2005 by the General Medical Council (GMC).

He had travelled to the Isle of Man with the intention of giving his friend, Patrick Kneen, up to 60 Temazepam sleeping pills to help him die.

But Mr Kneen, who was in his late 70s and had prostate cancer, was too ill to take the class C drug and died a few days later while in a coma.

The GMC struck Dr Irwin off the medical register, saying his actions had been "unprofessional", "inappropriate" and "irresponsible".

Dr Irwin, of Cranleigh, Surrey, stood down as chairman of the then Voluntary Euthanasia Society, now renamed Dignity in Dying, after receiving a police caution.

Mr Starmer published new guidelines in February that outlined that motive should be at the centre of any decision over assisted suicide.

The document was published after a Law Lords ruling in favour of Debbie Purdy, from Bradford, who has multiple sclerosis. She wanted to know whether her husband would be prosecuted for helping her to end her life.

Assisted suicide remains a criminal offence in England and Wales, punishable by up to 14 years in prison.

Dr Irwin said he was left with "mixed feelings" of relief and frustration that the legal situation remains unclear.

He said: "It is nice after being on bail for 11 months for the matter to be resolved in this manner. On the other hand, I want to keep on talking about the situation where we have a two-tier system in this country.

"If you have got money and are terminally ill, you can go to Switzerland for assisted suicide.

"But if you have not got money, you are stuck here and possibilities and outcomes remain uncertain. The law should be changed to make it possible to be fair, for it to be out in the open and transparent."

Mr Rees said he was pleased about the decision but criticised prosecutors for taking so long to reach it.

He said: "I was prepared to have my day in court as I believe no jury would have found me guilty. It was purely on compassionate grounds that I helped and accompanied my late partner Raymond Cutkelvin of 28 years for his assisted suicide in Zurich in February 2007."