Judges left humbled by remarkable witness

You sensed from the way Tom Curran nodded he was not totally surprised when the High Court refused to give him the green light to assist in his partner’s suicide.

He turned to his partner, Marie Fleming, who sat in a wheelchair with her characteristic calm dignity.

Tom looked at times anxious as he waited for the three judges to enter court number 4.

Marie’s wheelchair was positioned beside Tom, while on his other side were Marie’s children Corrina and Simon.

They watched as Mr Justice Nicholas Kearns leaned forward and told the court they had come to a “unanimous” decision and began reading a four-page summary of the 121-page judgment.

The judge poured out praise for the 59-year-old, who he said had “gallantly fought” MS since she was diagnosed.

“Her courage in adversity is both humbling and inspiring. She was in many ways the most remarkable witness which any member of this court has ever been privileged to encounter.”

He said her body had been ravaged by this “insidious disease” to the point where she was almost immobile. He said her life had been rendered “miserable” and that she suffered great pain and distress.

These words left Marie visibly trying to hold it together. Tom comforted her while her children held each other’s hands.

Mr Justice Kearns said Ms Fleming argued that her “personal autonomy” was “impermissibly interfered” with by a complete statutory ban on assisted suicide.

While her constitutional right was affected, the court “cannot agree that this legislation amounts to a disproportionate interference with this right”, said the judge.

Mr Justice Kearns said “no words” were adequate to described how difficult it was for the three judges to make their decision.

Rising to leave, the Fleming family gathered Marie. No doubt disappointed, they chatted and smiled.

In a statement afterwards, Ms Fleming’s solicitor Bernadette Parte said her client was very disappointed. After finishing the statement, members of the media thanked Marie Fleming.

In a soft, gentle voice, she replied: “You’re welcome.”