The arrest and charge of Gail O’Rourke for allegedly assisting in the suicide of Bernadette Ford, a multiple sclerosis victim, will cause tremors of anxiety amongst many carers of loved ones suffering from progressive debilitating illnesses. Ms O’Rourke is charged under Section 2 of the Criminal Law (Suicide) Act 1993 with aiding and abetting or counselling or procuring the suicide of Ms Forde in 2011.
Fortunately for Ms O’Rourke
Judge Michael Walsh agreed to a request from the defence solicitor to grant legal aid to Ms O’Rourke and she was remanded on bail.
The DPP has directed that Ms O’Rourke should be tried by jury and the case will take some time to meander its way through the court process. The process was somewhat speeded up by the serving of the Book of Evidence which had been prepared.
It will be interesting to see how a jury of 12 of the members of the public interpret the provisions of the 1993 Act in what, undoubtedly, will be a harrowing and unremittingly depressive trial as the progress of Ms Forde’s illness is laid before them. The jury will bring with them their own life history into the jury room together with their religious beliefs.
Whatever else the trial will make us all appreciate the jury system and be glad if we are not one of the chosen 12.
Assisted suicide guidelines
Following the Supreme Court challenge of Section 2 of the Criminal Law (Suicide) Act 1993 taken by Marie Fleming, who has lived with multiple sclerosis for 35 years, the Government is being asked to put guidelines in place.
The British Director of Public Prosecutions has already such guidelines in place. To read these guidelines press here
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