Permission hearing for terminally-ill Rutland father-of-two Phil Newby
By The Editor
22nd Oct 2019 | Local News
A permission hearing is being held today (Tues) for terminally-ill father-of-two Phil Newby who is challenging the blanket ban on assisted dying.
Forty-nine-year-old Mr Newby, who moved to Rutland from Stamford in 2007, was diagnosed with motor neurone disease when he was just 43.
He is now unable to walk, use his hands or lower arms, but can still talk and his mental capacity is unchanged.
Mr Newby is asking the High Court to undertake a 'detailed examination of the evidence' to determine whether the current law is compatible with his human rights.
Asking judges to examine a large body of expert evidence from all over the world and to cross-examine experts is a 'novel legal approach' in a judicial review claim, says his legal team at Bindmans.
But they, and Mr Newby, believe this is the only way the court can decide whether it is proportionate to change the law in favour of people like Mr Newby, while ensuring safeguards exist to protect the weak and vulnerable.
Mr Newby said: "By bringing this case I'm laying down the gauntlet, asking our most senior judges to examine the evidence on assisted dying in detail.
"I am hugely thankful to everyone who has helped me get this far.
"Many of those who have donated to support the case have direct experience of our outdated and cruel law.
"Reading the comments of supporters on Crowd Justice is both heart-breaking and stirring.
"Like me, some are staring into a bleak future where no choice exists for a dignified death.
"Others are the traumatised loved ones of terminally-ill people who felt they had no option but to end their own lives.
"I sincerely hope that the court will grant permission so that all the issues can be fully aired with my lawyers having the chance to cross-examine the witnesses who argue against a change in the law."
Mr Newby will not be able to attend court this afternoon.
Assisted dying in England and Wales is outlawed under the Suicide Act 1961.
Mr Newby is campaigning for the right to decide when his life is 'no longer bearable' and to end it with dignity.
Currently, he says, his options are 'to starve, suffocate, or face the trauma of trying to end my own life'.
Financial support from the public is vital to cover legal costs and court fees and Mr Newby's crowdsourcing appeal took just five days to hit an initial £20,000 target and is already nearing £43,000.
To support Mr Newby's campaign and contribute to the appeal click on the red button below.
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