MS wife: I've lost case but won argument on suicide trips

A woman with multiple sclerosis today claimed a victory in her court battle for her husband to be allowed to help end her life legally.

Debbie Purdy, 45, of Bradford, took a case to the Appeal Court to find out whether her husband, Cuban violinist Omar Puente, would be prosecuted if he helped her travel to a country where assisted suicide is legal. In England and Wales aiding and abetting suicide is a criminal offence with a maximum sentence of 14 years in prison.

She had hoped that the Director of Public Prosecutions would issue a policy guideline to clarify the law.

Today the Lord Chief Justice Lord Judge rejected her appeal but highlighted the case of tetraplegic former rugby player Daniel James, whose parents were not prosecuted after helping him go to Switzerland to end his life last year.

After today's hearing, Ms Purdy said: "I feel that I have won my argument, despite having lost the appeal. I am very grateful for, and respect the ruling of the Appeal Court.

"They have done everything they can do to clarify that, given the Dan James judgment, Omar would be unlikely to be prosecuted if he were to accompany me abroad for an assisted death, and we are therefore one step closer to the clarification I need."

The Appeal Court judges rejected her claims that DPP Keir Starmer QC should issue a policy guideline similar to those which exist for domestic violence, bad driving and football-related offences. Her counsel Lord Pannick, QC, had argued that the DPP had a legal duty to issue the guideline to Crown prosecutors. He said failure to do so would infringe Ms Purdy's right to private and family life under Article Eight of the European Convention on Human Rights.

Lord Judge, sitting with Lord Justices Ward and Lloyd, said: "The combination of the general guidance and, with the example of the decision in the case of Daniel James for analysis, there is ample material to address the likelihood of a prosecution if her husband assisted her suicide. Ms Purdy must take legal advice, and no doubt she will, and she must then make her own decision."

Ms Purdy was diagnosed with primary progressive MS in 1995 and has used a wheelchair since 2001. Although she says she wants to "live forever" she is a member of Dignitas, the Swiss organisation which operates euthanasia clinics. Her legal action is supported by Dignity in Dying, formerly known as the Voluntary Euthanasia Society.