A CHRONICALLY ill grandfather campaigning for the right to die will have to wait a further three months for a court hearing on his legal challenge over assisted suicide.

The Court of Session fixed the dates for the hearing of the petition of Gordon Ross, 66, for May 14 and 15 next year, scuppering his hopes of a one-day hearing on February 18.

Mr Ross, from Glasgow, suffers a number of health problems including Parkinson's Disease, and says his condition has deteriorated since he launched his legal action 10 months ago.

He said he was disappointed by the delay.

He added: "I would have much preferred for it to be held in February but I'll just have to put up with it. I don't think the people making these decisions appreciate how pressing the time is for those of us involved in it."

Mr Ross, who is in a wheelchair, argues that the Lord Advocate is in breach of the European Convention on Human Rights by failing to adopt and publish a policy explaining what will be taken into account in deciding whether or not to prosecute someone who helps another end his life.

He is seeking a court declaration to that effect and an order requiring the Lord Advocate, Frank Mulholland QC, to promulgate such a policy.

Bob Scott, spokesman for friends at the end, said: "We are disappointed that the case is not going to go ahead in February and that a further delay appears to be inevitable."

Aidan O'Neill QC, acting for Mr Ross, said his client needed urgent clarity over his options as his condition continues to deteriorate.

He said Mr Ross had recently been suffering involuntary fitting and muscle spasms which were completely disabling.

Mr O'Neill added there was absolutely no doubt about Mr Ross' mental capacity and he wanted to know whether he could discuss and make plans.

Last week, Mr Ross was informed that the Crown wanted to put the case on hold for six months because a bill seeking to legalise assisted suicide is being discussed in the Scottish Parliament.

However, Douglas Ross, counsel for the Lord Advocate, said yesterday that the Crown would not pursue this after a sworn statement was produced indicating that there had been a deterioration in Mr Ross' health in the last few weeks.

But he added allocating the hearing to a single day would cause problems if evidence overran and a further date had to be found when the judge and counsel were all available.