Man tortured by locked-in syndrome wins go-ahead for ‘right to die’ court hearing

Tony Nicklinson, 57, of Melksham, Wiltshire, sums up his life as “dull, miserable, demeaning, undignified and intolerable” after a stroke in 2005.

He is asking the High Court to grant declarations that a doctor could intervene with his consent to end his life and have a “common law defence of necessity” against any murder charge.

A ruling by Mr Justice Charles yesterday followed a bid by the Ministry of Justice for the case to be struck out, arguing that it was a matter for Parliament.

After the ruling Mr Nicklinson’s wife Jane read a statement from her husband saying he was delighted by the decision.

“Politicians and others can hardly complain with the courts providing the forum for debate if the politicians continue to ignore one of the most important topics facing our society today,” he said.

“It’s no longer acceptable for 21st century medicine to be governed by 20th century attitudes to death.”

The judge said the underlying issues in the case “raise questions that have great social, ethical and religious significance and they are questions on which widely differing beliefs and views are held, often strongly”.

Sarah Wootton, chief executive of Dignity in Dying, said it did not support a change in the law to allow voluntary euthanasia by doctors or others but the case raised important issues.

“Dignity in Dying would like to see a law which allows terminally ill, mentally competent adults the choice of an assisted death,” she said. “In cases which fall outside of the framework of assisted dying, the law should be equipped to react with compassion and flexibility so that sentencing can reflect the motivation for the crime and circumstances.”

The case is different to that of Bradford multiple sclerosis sufferer Debbie Purdy whose efforts led to new guidelines clarifying the circumstances in which someone can be prosecuted for helping someone take their life. Mr Nicklinson is paralysed below the neck and cannot do anything for himself. He communicates by blinking or limited head movement.