MS sufferer Fleming may appeal High Court ruling upholding assisted-suicide ban
on 10/01/2013 16:53:41
The former UCD lecturer is in the final stages of multiple sclerosis and wishes to end her life at her Wicklow home without the fear her partner Tom Curran might be prosecuted, should he help her.
"In the 75 years since the Constitution was enacted, few cases have emerged which are more tragic or which present more difficult or profound questions": So reads page one of the High Court judgment dismissing Marie Fleming's Constitutional challenge to the ban on assisted suicide.
The three judges hearing the case did not accept her claim that the current law disproportionately intrudes on her personal rights.
They fear any relaxation of the ban could go against the public interest in protecting vulnerable people who may avail of assisted suicide to avoid a sense of being a burden on others.
The court has also refused to order the DPP to give guidelines on when such cases would be prosecuted, but felt in this case the Director would exercise her discretion in a humane and sensitive fashion.
Solicitor Bernadette Parte spoke on Marie Fleming's behalf and said: "Obviosuly, Marie is very disappointed and saddened at today's outcome."
It is expected that the mother of two will appeal today's ruling to the Supreme Court.