Grandfather, 67, with motor neurone disease to learn fate

Noel Conway, pictured in July, has lost his High Court battle

A terminally-ill retired college lecturer has lost his High Court challenge against the law on assisted dying.

Noel Conway, a 67-year-old grandfather from Shrewsbury, has staged a long battle challenging the current law on assisted dying.

He was diagnosed with motor neurone disease in November 2014 and is not expected to live beyond 12 months.

When he has less than six months to live and retains the mental capacity to make the decision, he wanted to be able to enlist assistance from the medical profession to bring about a ‘peaceful and dignified’ death.

The law means that anyone who helped him would be committing a criminal offence.

Mr Conway, who did not attend London’s High Court today, wanted a declaration that the Suicide Act 1961 is incompatible with Article 8 of the European Convention on Human Rights, which relates to respect for private and family life, and Article 14, which protects from discrimination. 

Noel Conway with his wife Carol and supporters outside Telford County Court in Shropshire in July

Noel Conway with his wife Carol and supporters outside Telford County Court in Shropshire in July

Noel Conway, a 67-year-old grandfather and retired lecturer from Shrewsbury, has staged a long battle challenging the current law on assisted dying. He is pictured here outside the High Court in March with his wife and stepson Terry McCusker

Noel Conway, a 67-year-old grandfather and retired lecturer from Shrewsbury, has staged a long battle challenging the current law on assisted dying. He is pictured here outside the High Court in March with his wife and stepson Terry McCusker

The case was opposed by the Secretary of State for Justice, with Humanists UK, Care Not Killing and Not Dead Yet UK also making submissions.

James Strachan QC has said that it is inappropriate for the courts to interfere with Parliament’s legitimate decision on the ‘sensitive moral, social and ethical issue’ raised by the case.

It was the first challenge to the existing law since the case of Tony Nicklinson, who suffered from paralysis after a stroke.

That was ultimately dismissed in June 2014 by the Supreme Court, which said it was a matter for Parliament to decide.

After debates in both Houses, Parliament decided, at least for the moment, not to provide for legislative exceptions to the 1961 Act. 

Mr Conway (pictured outside the High Court in March) was diagnosed with motor neurone disease in November 2014 and is not expected to live beyond 12 months

Mr Conway (pictured outside the High Court in March) was diagnosed with motor neurone disease in November 2014 and is not expected to live beyond 12 months

Mr Conway (pictured with his with his wife Carol in March) wanted a declaration that the Suicide Act 1961 is incompatible with Article 8 of the European Convention on Human Rights

Mr Conway (pictured with his with his wife Carol in March) wanted a declaration that the Suicide Act 1961 is incompatible with Article 8 of the European Convention on Human Rights

Mr Conway said in a statement: ‘I am deeply disappointed by today’s judgment and fully intend to appeal it. The experiences of those who are terminally ill need to be heard.

‘This decision denies me a real say over how and when I will die.

‘I am told the only option I currently have is to effectively suffocate to death by choosing to remove my ventilator, which I am now dependent on to breathe for up to 22 hours a day.

‘There is no way of knowing how long it would take me to die if I did this, or whether my suffering could be fully relieved. To me, this is not choice – this is cruelty.

‘As I approach the end of my life, I face unbearable suffering and the possibility of a traumatic, drawn out death.

‘Travelling to Switzerland is no longer a viable option and I cannot put my family or doctors at risk of prosecution by asking for their help here at home.

‘Knowing I had the option of a safe, peaceful assisted death at a time of my choosing would allow me to face my final months without the fear and anxiety that currently plagues me and my loved ones.

‘It would allow me to live the rest of my life on my own terms, knowing I was in control rather than at the mercy of a cruel illness.

‘Throughout this case I have been overwhelmed by the outpouring of support the public has shown me. I know that this fight is important not just to me, but thousands of others.

‘I am undeterred by today’s decision and will appeal it with the support of my legal team and Dignity in Dying.’ 

Read more at DailyMail.co.uk