Lord Hamilton said: "The critical question is, against the background of the atrocity of which the applicant stands convicted, whether the applicant's health, present and prospective, is such as the court should on compassionate grounds now admit him to bail. On balance the court is not persuaded, on the information before it, that it should. While the disease from which the appellant suffers is incurable and may cause his death, he is not at present suffering material pain or disability."