Judge rules paralysed man can go ahead with legal challenge

A man suffering from locked-in syndrome can go ahead with his legal challenge to end his life lawfully, a judge ruled today.

Tony Nicklinson, 58, was left paralysed from the neck down after a severe stroke in 2005. He communicates through an electronic device that registers blinking and relies on others to dress, feed and care for him most of the time.

His wife, Jane Nicklinson, told BBC Radio 4’s Today programme that “the only way to relieve Tony’s suffering is to kill him”.

“There’s nothing else that can be done for him,” he said.

“He can’t do anything. He’s completely paralysed and he can’t speak. If he has an itch I have to scratch it for him.”

The rugby enthusiast, who lives in Melksham, Wiltshire, has described his life after the stroke as “undignified and intolerable”.

Mr Nicklinson is seeking a declaration that a doctor could end his life and not be charged with murder.

A High Court judge today dismissed an application from the Government for Nicklinson’s claim claim to be struck out.

Pro-life campaign group, Care Not Killing, has previously warned against changing the law to allow euthanasia.

It said that such a change would have “far-reaching implications by potentially removing legal protection from large numbers of sick and disabled people”.

The group said that the current law was “clear and right”, and struck the right balance between protecting vulnerable people from exploitation and allowing judges some discretion when sentencing in hard cases.

“No one can help but be sympathetic to Tony Nicklinson but cases like his are extremely rare and hard cases make bad law,” the group said.

“The overwhelming majority of people with severe disability – even with ‘locked-in’ syndrome’ – do not wish to die but rather want support to live.”