Paralysed man who wants to die starts legal fight

Tony Nicklinson, 56, has "locked-in syndrome" after suffering a massive stroke five years ago, and communicates with the use of a Perspex board and letters, looking, blinking and nodding to spell out words.

He is seeking clarification on the law to make sure that if he asks his wife Jane, 54, to take direct action so he can die, she will not be prosecuted for murder and be given a mandatory life sentence.

The proceedings come after new guidelines on assisted suicide were issued by Director of Public Prosecutions Keir Starmer in February following a sustained campaign by Bradford right-to-die campaigner Debbie Purdy, who has multiple sclerosis.

The new guidelines put greater emphasis on the motivation of the suspect, meaning cases against those who act with compassion are unlikely to be pursued.

But whereas Ms Purdy's case would come under assisted suicide, because she would be able to take the final action to end her life, Mr Nicklinson's case would come under murder, because he is unable to end his life without direct assistance.

His legal team want a judicial review to clarify how the murder law applies in cases of mercy killing.

They will argue that the murder law does not have the flexibility to consider motivation and circumstance.

In a witness statement, Mr Nicklinson, from Chippenham, Wiltshire, said: "I am a 56-year-old man who suffered a catastrophic stroke in June 2005 whilst on a business trip to Athens, Greece.

"It left me paralysed below the neck and unable to speak. I need help in almost every aspect of my life. I cannot scratch if I itch. I cannot pick my nose if it is blocked and I can only eat if I am fed like a baby – only I won't grow out of it, unlike a baby.

"I have no privacy or dignity left. I am washed, dressed and put to bed by carers who are, after all, still strangers. I am fed-up with my life and don't want to spend the next 20 years or so like this."

The legal team will argue that the murder law interferes with Mr Nicklinson's right to respect for his private life under Article 8 of the European Convention on Human Rights (ECHR).

They will say he needs clarity on the how the law of murder applies in cases of genuine "mercy killing" so he can understand the implications for his wife.

Ms Purdy has wished Tony Nicklinson "enormous luck" and vowed to help him in any way she could.

"I think we are fighting different battles," she said. "I was fighting for my life – it's not the same argument as the fight for him but I'm wholeheartedly behind him.

"The basic argument is the same – the law is ridiculous. How can someone who walks into a post office and carries out a shooting have the same law applied to him as a loving wife who is trying to do what she can for her husband?"

Ms Purdy fought a long battle to find out whether her husband, Omar Puente, would be prosecuted for helping her to end her life. She now knows that if the Cuban jazz violinist is judged to have acted with compassion, a prosecution is unlikely to be pursued.

Ms Purdy, who is wheelchair-bound, said she is not satisfied yet because the guidelines only apply after somebody has already died.

She backed author Sir Terry Pratchett's idea for "tribunals" to look into cases where seriously ill people want to end their lives.

Sarah Wootton, chief executive of Dignity in Dying, said: "Mr Nicklinson's situation is rare and tragic. His request to die presents society with difficult questions, for which there are no easy answers.

"One thing is clear: the current law fails Tony Nicklinson and his family."

The Nicklinsons, whose 24th wedding anniversary was yesterday, have two daughters, Lauren, 22, and Beth, 20.

'Buried alive' by paralysis

Locked-in syndrome is a rare condition that has no known cure. It results in paralysis of nearly all voluntary muscles in the body except for the eyes and has been described by doctors as "the closest thing to being buried alive".

Notable cases of the condition include Julia Tavalaro, who suffered two strokes and a brain haemorrhage in 1966.

The 32-year-old from New York was sent to hospital and for six years it was believed she was in a vegetative state until a relative noticed her trying to smile after she heard a joke. After learning to communicate with eye blinks, she became a poet and author.