Judges rule Archie can die as his dad ‘has heart attack on steps of court’
the father of 12-year-old Archie Battersbee suffered a suspected heart attack on a court ‘doorstep’ yesterday before judges ruled that treatment which is keeping his son alive can end.
Paul Battersbee, in his 50s, was rushed to hospital but the Court of Appeal rejected calls to adjourn the hearing.
Speaking afterwards, the boy’s mother hollie Dance said she was ‘disgusted’ with the ‘insensitive’ decision not to adjourn. Andrea Williams, of the Christian Legal Centre, which is supporting the family, said: ‘I am very disappointed that they have not adjourned this decision even for a short while after this case had just given Archie’s father a heart attack at the doorstep of their court.’ the judges’ ruling means life support for Archie can lawfully end, but there is a 48-hour delay so the family can consider an appeal to the european Court of human Rights.
talented gymnast Archie suffered brain damage after taking part in a dangerous online challenge at his home in April and has been left unable to breathe unaided.
his parents have pleaded for doctors to keep giving him treatment but the high Court last week said Archie would not recover. Mr Battersbee, from Southend, essex, and Miss Dance, 46, appealed.
But yesterday Sir Andrew McFarlane, Lady Justice King and Lord Justice Peter Jackson ruled against them. Judge McFarlane said Archie is ‘someone whose every bodily function is now maintained by artificial means’. he upheld the decision by Mr Justice harden at the high Court who said medical evidence was ‘compelling and unanimous’ and painted a ‘bleak’ picture.
Archie’s parents had said he made errors and wanted the appeal court to move the case to another judge. But the court heard that medical evidence shows Archie is in a ‘comatose state’. Doctors treating him think he is ‘brain-stem dead’ – meaning he has permanently lost the potential for consciousness – and say continued life support treatment is not in his best interests.
Another high Court judge, Mrs Justice Arbuthnot, initially considered the case and concluded that Archie was dead. But Miss Dance insisted: ‘All we have asked for from the beginning is for Archie to be given more time and for Archie’s wishes and ours to be respected. As long as Archie is alive, I will never give up on him – he is too good to give up on.’
She vowed to ‘continue this fight’ and said she would ‘potentially’ take the case to europe. Speaking outside court, she added: ‘I’ve got video evidence of Archie trying to breathe on Friday and Saturday. the hospital seem to cherry-pick what they want to put over to the court.
‘Again we’ve heard today that Archie’s losing weight. he put on 0.4 kilos yesterday. how is that losing weight?’
She said it all feels ‘rushed’ and other countries seem to give people with brain injuries six months before removing a ventilator, adding: ‘What is the harm in asking for giving him a bit more time?’ Mr Battersbee’s condition in hospital was unclear last night.
‘I will never give up on my son’