Our Head of Crime & Regulatory, Rachel Fletcher’s client’s trial brings the assisted dying debate to the forefront of the media
Rachel Fletcher’s client Graham Mansfield and his wife, Dyanne, who had terminal cancer, made a joint suicide pact as she asked him to take her life “when things get too bad for me”. Having previously had bladder cancer, she was also diagnosed with terminal lung cancer in 2020 and the future was bleak for a once active lady with a zest for life.
During lockdown and when Dyanne’s quality of life was sadly diminishing, the joint suicide pact with her husband was made. Dignitas in Switzerland wasn’t an option due to COVID travel restrictions and the pressure faced by the NHS compounded the situation for the couple left with no alternative in their minds.
By March 2021, she was deteriorating by the day, unable to swallow or sleep, and losing weight rapidly with no energy to move. In the worst moments of his life, Graham killed his wife at her request and with her consent, then attempted to kill himself.
He was subsequently charged with murder and manslaughter.
After a four-day trial at Manchester Crown Court and an emotional testimony of how he had killed his wife as an act of love because she was in such pain with terminal cancer; a jury took just 90 minutes to find the 73-year-old not guilty of murder, but guilty of manslaughter. They accepted he’d formed a genuine suicide pact with his wife of over 40 years, to which she’d agreed. He was given a 2-year suspended sentence.
The judge, Mr Justice Julian Goose, said the case was ‘exceptional’ and allowed Mansfield to walk free from court, stating:
“Whilst you were not suffering from any mental disorder or learning disability, you were under immense emotional pressure: to relieve your wife of her suffering at her request.
“I am entirely satisfied that you acted out of love for your wife. You agreed to what she asked you to do, only because she could not do it herself and you intended to kill yourself … You made genuine concerted attempts to do so. Your failure caused you substantial grief which lives with you.”
Current Laws on Assisted Dying
This trial has drawn a lot of attention in the media, for the obvious awful circumstances and the current legal stance on assisted dying.
Assisted dying is currently illegal in the UK. At present, this ban prevents dying people from asking for help to die peacefully. As such, some people travel abroad to die, or in worst case scenarios, will try to do it themselves, which is where we find ourselves with the Graham Mansfield case. Even when the motives are wholly motivated by compassion, an unlawful act may be committed.
Without a law to enable the safety and dignity of choosing to control your death when terminally ill and in pain or extreme suffering, cases like Graham and Dyanne’s may not be the only ones of their kind. If there was a law in place to allow this, Dyanne could have had the choice, and Graham would have been saved from a murder trial.
There are of course many complexities around the law if it were to change, such as only allowing it for people who are genuinely very ill and enabling them to make the decision through their own mental capacity; not leaving it down to others to decide for them.
The Assisted Dying Bill
At present, the Assisted Dying Bill is in its early stages of passing through Parliament and is one both Graham and Rachel Fletcher fully support.
The Parliament website details the Bill as follows:
“to enable adults who are terminally ill to be provided at their request with specified assistance to end their own life; and for connected purposes”
As of July 2022, the Bill is in its second reading at the House of Lords.
When asked on Good Morning Britain about whether the Bill may leave people open to abuse, Rachel Fletcher explained that there would be many safeguards around this bill to prevent exactly that.
For example, the individual in question must have a terminal illness with 6 months or less to live. The person must give informed written consent, and is allowed a cooling-off period to reflect on their decision. In addition, their doctor would have to agree that it is the right thing to do, as would a second doctor who is not connected and does not know the individual.
Following those steps, the High Court judge would decide whether the person has settled intention to end their own life which has been reached voluntarily, on an informed basis without coercion or duress.
Media Coverage
Graham Mansfield and his solicitor Rachel Fletcher have been involved in a lot of media discussion around the topic.
They were featured in The Guardian, the Manchester Evening News, Good Morning Britain (25th July 2022 at 1:21:00), BBC Breakfast, ITN, The Sun, The Guardian, BBC North West, the Daily Mail and a whole host of other news outlets around the country.
We hope that this case can raise awareness of the need to change the law, so that other people don’t end up in the heart-breaking situation that Graham found himself in.
For further information about the campaign to legalise Assisted Dying, please visit the Dignity in Dying website who we are pleased to say we are working with to continue the campaign for change.