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Hunger strike case to be reviewed Hunger striker wishes 'respected'
(about 6 hours later)
The case of a convicted rapist on his 54th day of a hunger strike is to be further reviewed in the High Court. It is lawful for a Belfast hospital to respect the wishes of a convicted rapist who is refusing food, a High Court judge has said.
Oswald Brown is refusing food over what he claims is his wrongful conviction. Oswald Brown has been on hunger strike for 54 days in protest against what he claims is his wrongful conviction.
On Tuesday, a judge ordered he should be moved to hospital, but doctors went to court for clarification saying Brown could make his own decisions. A new ruling was made after a Belfast City Hospital psychiatrist said Brown had no identifiable mental condition.
However, the judge said it was the hospital's duty to keep him alive. Belfast City Hospital denied neglecting its duty of care by not feeding him. It reverses a previous judgement which said the hospital should give Brown nutrition, using force if necessary.
He is due for release on Monday.
On Tuesday, a judge ordered Brown should be moved from Magilligan Prison in County Londonderry to hospital.
The judge said he had no doubt that Brown's mental judgement was impaired.The judge said he had no doubt that Brown's mental judgement was impaired.
He said if Brown had come to any harm in the previous 24 hours there would be a case for action against the hospital. He said it was the hospital's duty to keep him alive.
In a statement, the hospital said it "absolutely refutes the suggestion that it has neglected its duty of care". However, doctors went to court for clarification on the ruling, and they claimed Brown could make his own decisions.
Belfast City Hospital denied it was neglecting its duty of care by not feeding the man.
'Extreme circumstances''Extreme circumstances'
It said that his medical condition is being managed appropriately, and that "his condition remains stable; his condition has in no way been jeopardised by any delay in commencing feeding". It said that his medical condition was being managed appropriately, and that "his condition remains stable; his condition has in no way been jeopardised by any delay in commencing feeding".
"Belfast City Hospital is satisfied that it has at all times acted appropriately and in the best interests of the patient," it said."Belfast City Hospital is satisfied that it has at all times acted appropriately and in the best interests of the patient," it said.
"A patient's right to refuse treatment can only be overridden in the most extreme circumstances and after careful consideration.""A patient's right to refuse treatment can only be overridden in the most extreme circumstances and after careful consideration."
The matter first came before the court last Friday when the secretary of state applied for a declaration that prison officials could lawfully abstain from giving food to Brown, who has threatened to starve to death.The matter first came before the court last Friday when the secretary of state applied for a declaration that prison officials could lawfully abstain from giving food to Brown, who has threatened to starve to death.
He is due for release on Monday.
At his 2001 trial Brown, of Orangefield Grove, was described by the judge as an opportunist rapist who took advantage of a naive young student.At his 2001 trial Brown, of Orangefield Grove, was described by the judge as an opportunist rapist who took advantage of a naive young student.
Brown was jailed for six years on condition he serves a further two years probation on release.Brown was jailed for six years on condition he serves a further two years probation on release.