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Hunger striker wishes 'respected' | |
(about 6 hours later) | |
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 has been on hunger strike for 54 days in protest against what he claims is his wrongful conviction. | |
A new ruling was made after a Belfast City Hospital psychiatrist said Brown had no identifiable mental condition. | |
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 it was the hospital's duty to keep him alive. | |
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 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. |
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. |