Video

Judge Strikes Down Appeal For Alfie Evans’ Life [VIDEO]

( PAUL ELLIS/AFP/Getty Images)

Daily Caller News Foundation logo
Joshua Gill Religion Reporter
Font Size:

A U.K. judge denied an appeal from Alfie Evans’ parents Monday to have him treated outside the country, saying their parental rights did not matter.

Tom Evans and Kate James, the parents of the critically ill child Alfie Evans, filed a last-minute appeal on April 12 to try to save Alfie’s life by having him treated at a foreign hospital after Justice Anthony Hayden of the U.K. High Court ruled that he should be taken off life support by April 13. Lord Justice Moylan of the U.K. Court of Justice upheld Hayden’s ruling on Monday, however, repeating arguments from both Hayden and staff at Alder Hey hospital, where Alfie has been treated, that it is in Alfie’s “best interest” to take him off life support and allow him to die, according to Life Site News.

Moylan also clarified that, in his view, Tom and Kate’s parental rights did not give them the right to make decisions about Alfie.

“Their views and rights do not take precedence and do not give them the choice to make the decisions regarding Alfie,” Moylan said according to Liverpool Echo.

Tom gave a statement in which he slammed Alder Hey hospital after the court struck down their appeal. He accused the hospital of lying to the police, banning his wife Kate from seeing their son, being negligent in their care for Alfie, and leaving him in conditions of squalor. Tom also claimed he had video evidence of hospital staff falling asleep during times in which they were supposed to be caring for Alfie.

WATCH:

“It’s not over,” Tom said. Both he and Kate intend to keep fighting for the opportunity to continue Alfie’s treatment.

Tom and Kate sought to have Alfie transferred to the Vatican’s Bambino Gesu Pediatric Hospital in Rome, which has offered to treat him. Alfie, born in May of 2016, suffers from an unknown neurological degenerative condition which hospital staff say has reduced him to a vegetative state and corroded his brain matter. The U.K. High Court, appeals courts, and the European Court of Human Rights have all sided with the decision of hospital staff that continued treatment for Alfie would be futile and that his best interest is to die.

“As has been determined with considerable clarity in this case, Alfie’s best interests are determinative and the court has decided what treatment he should or should not receive. It is precisely because of this judicial determination that Aflie has been kept in Alder Hey Hospital,” Moylan said.

Paul Diamond, Tom and Kate’s lawyer, argued that the hospital had violated Alfie’s rights by unlawfully detaining him. Moylan, however, disagreed on the basis that the court had already decided that it was in Alfie’s best interest to remain at Alder Hey hospital.

“We see no basis for submission that there is a deprivation of liberty under Habeas Corpus or Article 5 of the Human Rights Act. The court expressly determined that it would be lawful, because treatment would be in Alfie’s best interests and that no other available course would be. In our view the arguments advanced on behalf of the parents provide no basis on which Alfie could be said to be detained, or on which he could to be said to be unlawfully detained,” Moylan said, according to Liverpool Echo.

Moylan also addressed Tom’s attempt to remove Alfie from the hospital on Wednesday with the aid of foreign medical staff on the advice of Pavel Stroilov of the Christian Legal Centre. Hospital staff attempted to block Tom and his cohorts from removing Alfie and eventually called the police, which led to a confrontation and ultimately thwarted Tom’s rescue attempt for his son. Moylan said that Stroilov was “a man, not a lawyer” and that his legal advice was false since previous court rulings established that Alfie should remain in the hospital and that his parent’s wishes did not take precedence.

Moylan denied the parents permission to file an appeal to his decision to the U.K. Supreme Court, saying that the parents’ wishes were already well established and that they could not perpetuate a “legal Groundhog Day” by continuing to appeal decisions with the same argument.

The parents do, however, have the right to directly ask the Supreme Court for permission to appeal. Diamond indicated that he would make a direct appeal to the Supreme Court by 4 p.m. local time on Tuesday. The court stayed the removal of Alfie’s life support, pending the decision of the Supreme Court.

Crowds of demonstrators have gathered and remained outside Alder Hey hospital in constant protest to support Alfie and his parents’ attempts to seek continued treatment for him. The protests have allegedly caused road blockages and prevented some staff from entering the hospital. Moylan also said that some of the protesters had entered the intensive care unit. The hospital issued a statement asking the protesters to lower the volume of their demonstrations and to stop honking their car horns since it was disturbing some of the patients, according to The Guardian.

As for Alfie’s future prospects, staff at Bambino Gesu have offered to perform a tracheotomy to improve his aided breathing and a percutaneous endoscopic gastrostomy so that he can be fed through his stomach. Moylan argued, however, that both Bambino Gesu staff and staff at Alder Hey agree that no hope remains for curative or preventative treatment for Alfie and that he should receive end of life care.

“The terrible reality was that almost the entirety of Alfie’s brain has been eroded, leaving only water and cerebral spinal fluid,” Moylan said, reading from Hayden’s previous decision, according to The Sun. “Treatment is futile as experts both here and abroad agree. Alfie will never make any developmental progress. He has been treated in Alder Hey since 2015.”

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel