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Right-to-die appeals lost

Paralysed road accident victim Paul Lamb and family of Tony Nicklinson, who suffered locked-in syndrome and died last year, have lost their right-to-die challenge at the Court of Appeal.

Three Judges rejected their appeal against the legal position that voluntary euthanasia is murder.  But a third paralysed man won his case seeking clearer prosecution guidance for health workers who help others die. Now there's going to be a review of who police charge when someone helps a person take their own life. The Court of Appeal said there should be clearer guidance on whether carers and health workers will get the same protection from prosecution as relatives. Fifty-seven year-old Mr Lamb from Leeds, who was in a road accident in 1990, is immobile except for limited movement in his right hand and says he's in constant pain.

He said he's "absolutely gutted:

"I was hoping for a humane and dignified end. This judgment does not give me that."

However, anti-euthanasia campaign group Care Not Killing welcomes today's decision.

Spokesman Kevin Fitzpatrick told Premier's Marcus Jones during the News Hour it sends out a clear message:

Meanwhile, the British Humanist Association (BHA), which intervened in the case in support of the principle of assisted dying, is disappointed at today's decision.

BHA Chief Executive Andrew Copson said:

"Brave individual after brave individual has brought legal case after legal case in the face of their own incredible suffering to try to secure the right to die with dignity. 

"Their determination is inspiring and we will support them right up until the end, but they really shouldn't have to be doing this at all. 

"They represent the majority of over 80% of the British public that supports their fight and it is Parliament and government who should be putting the work in on changing the law - not people who have already suffered enough. 

"This is the most important bioethical issue of our time and the lack of legal or political progress in the face of massive public demand and a knock-down moral argument in favour of change is a standing rebuke to our view of ourselves as a civilised and humane society."

However, a second case before the Court has been won. An appellant known as 'Martin' is unable to end his life without the assistance of others to travel to Switzerland.

Such assistance may fall within the definition of the criminal offence of assisting a suicide and 'Martin' sought clarity from the Director of Public Prosecutions as to whether it would.

The Court has ruled that there should indeed be further clarification from the Crown Prosecution Service in its guidelines.

His lawyer Richard Stein read out 'Martin's' statement:

"I'm delighted by the judgement today. It takes me one step closer to being able to decide how and when I end my life. 

"I'm only unable to take my own life because of my physical disabilities, almost every aspect of my daily life is outside of my control." 

'Martin' wants it to be lawful for a doctor or nurse to help him travel abroad to die. His wife and other family want no involvement in his suicide. The Director of Public Prosecutions is seeking to appeal to the Supreme Court against the decision in 'Martin's' case. Mr Lamb and Mrs Nicklinson also plan to appeal against today's verdict.  Mr Nicklinson, 58, died at home in Melksham, Wiltshire, last August. The father-of-two, who was paralysed by a stroke while on a business trip, died of natural causes.

Mrs Nicklinson said: "As a family we are hugely disappointed with the judgement but it will not stop us. 

"We will carry on with the case for as long as we can so that others who find themselves in a position similar to Tony don't have to suffer as he did. Nobody deserves such cruelty."

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