Thursday 18 January 2018

Fleming wants State to pick up bill for failed right-to-die bid

MARIE Fleming, who failed in a landmark case challenging a blanket ban on assisted suicide, says the State should pay the substantial legal costs of her unsuccessful legal action.

A hearing on the application for costs by Ms Fleming will take place in October in the Supreme Court.

Counsel for Ms Fleming asked the seven-judge court yesterday to exercise its exceptional jurisdiction to make an order for costs in favour of Ms Fleming, despite the fact she had failed in her action.

Counsel for the State asked for the costs matter to be adjourned for hearing at a later date, arising from a misunderstanding by his side that the matter was for mention only yesterday and not for hearing.

Chief Justice Susan Denham fixed dates for legal submissions to be provided with a view to a hearing on the costs issue in October.

Ms Fleming (59), living in Co Wicklow, was not in court. She is in the final stages of multiple sclerosis and, in her proceedings, sought orders permitting her to be lawfully assisted to have a peaceful and dignified death at a time of her choice without the risk of prosecution for anyone who helped her.

Irish Independent

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