A GRANDFATHER is making legal history in Scotland today - by asking what the Crown will do if someone helps him end his life.

 

But Gordon Ross will not be in the Court of Session in Edinburgh for the landmark hearing as he is too unwell to travel.

Mr Ross, who is 66 and lives in a Glasgow care home, attempted a test run last week, catching a taxi to the capital with friends. However, they turned back at the Kingston Bridge as Mr Ross, who has severe Parkinson's disease, began shaking violently.

He said: "It set me into one of my major shaking fits. I came back home and went straight to bed and lay there for three hours constantly shaking.

"I felt very disappointed - not that I think I could have done anything in court - but I would like to have been there."

He has signed an affidavit which has been submitted to the court and is being represented by high profile QC Aidan O'Neill. He has the support of his family and three of his four children plan to watch the proceedings. Friends at the End - a campaign group in favour of assisted suicide - have organised a demonstration outside the court in Parliament House off the Royal Mile.

Mr Ross stresses he is not currently suicidal, but his disabilities mean he cannot take his own life. He is calling upon the Lord Advocate to issue guidance clarifying if anyone who helped him die in future would be charged with an offence.

It is 10 years since Mr Ross, a former TV producer, was diagnosed with the degenerative brain condition Parkinson's disease. Until two years ago he was able to drive a car and live independently. But his illness took an unusual turn and after a series of falls, he spent six months in hospital and was diagnosed with peripheral neuropathy - damage to the nervous system.

He can no longer walk, dress or feed himself, although he still takes a keen interest in life - staying awake into the early hours to watch the results of the General Election.

His legs jitter and shuffle as he talks, but it is the intense episodes where his limbs jerk uncontrollably, which frighten him.

"The shaking is really dramatic," he said. "I cannot concentrate on anything. I cannot talk properly. I start to panic."

Despite regular medication, he said these attacks are getting worse and occurring more often - at least once a day. He was due to see his specialist neurologist at the Southern General about the problem earlier this year, but Mr Ross said he was shaking so violently the ambulance refused to transport him.

Two weeks ago, he had another appointment, but the same thing happened and the ambulance was cancelled. When enquiries were made about the consultant seeing him in the care home, he was told the doctor "doesn't do home visits normally."

Mr Ross said: "It does not make much sense if you have a patient who cannot physically travel to hospital that they can't see a specialist about the very problem which stops them travelling."

NHS Greater Glasgow and Clyde say they are aware Mr Ross didn't attend his last appointment and are making arrangements for him to be seen as soon as possible.

Parkinson's is incurable, but it is not fatal and sufferers can have a normal, or near normal life expectancy.

Mr Ross feels discriminated against because an able-bodied person can end their own life, but he does not have this option. If his condition deteriorates, he wants to know what legal action someone might face should they assist him.

In England there are guidelines to help people with this question.

Mr Ross said: "The present legal situation (in Scotland) actually encourages suicide amongst those with conditions such as mine and means people might choose to take their own life before they would otherwise want to because they know they won't be able to in future. Ending life early in such circumstances is tragic and the law should not be putting up barriers to prevent people from living longer. I hope the court will consider this and compel the Lord Advocate to issue guidance, as exists in England, as to what support can or cannot be given to people in situations such as mine."

Dr Gordon Macdonald, of Care Not Killing, the umbrella group spearheading opposition to the proposed assisted suicide legislation, said:

"We remain vigorously opposed to assisted suicide.

"Throughout this debate we have repeatedly stated that hard cases make bad law.

"Care Not Killing believes that legalising assisted suicide changes the culture surrounding care for sick and dying people, and would be a catastrophe in terms of how our society confronts illness and disability - not to mention devaluing suicide prevention efforts.

"Proposed so-called safeguards assume that those who will request assisted suicide will know their own minds beyond doubt. This is a false assumption.

"In today's individualistic society the pressures on sick, disabled and elderly people to avoid placing 'unfair burdens' on others are very great.

"Maintaining the law's protection of this silent and vulnerable majority is more important than giving choices to a minority of strong-minded and highly resolute people."

Photos of grandfather Gordon Ross were held outside the court of session today as the historic case into his right to die began.

Two of his children and his former wife were among those supporting his call for guidance from the crown on what will happen if he seeks help to end his life.

Around 30 supporters of mr Ross, who suffers from severe Parkinson's disease, held placards showing pictures of the 66-year-old outside the court in Edinburgh where the hearing is taking place today.

His son and daughter Jon and Veronica Ross said how proud they were of their father.

They stressed their father is not suicidal, and hope he will be able to live as long as possible. However, they said the understood why mr Ross - who suffers attacks of violent shaking - may wish to have the choice to die in future. The placards they held aloft read 'support Gordon's choice.'

The hearing is expected to take place over the next two days.