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Alfie’s parents file appeal with Supreme Court to be able to take him to Italy

by | Apr 17, 2018

By Dave Andrusko

Dad Tom Evans shared a picture of his son Alfie with his eyes open to prove he is still “fighting”

Tom Evans and Kate James, the parents of Alfie Evans, have filed what may be their final appeal to be allowed to take their very ill toddler abroad for a further diagnosis and possible treatment. As of now, the hospital in which Alfie has been a patient since December 2016 is authorized to withdraw his ventilator.

When the Court of Appeal turned them down yesterday, the three judges also refused them permission to file another appeal with the nation’s Supreme Court. However they still had the right to ask permission directly to the Supreme Court and, according to BBC Radio Merseyside, their lawyer did so before the 4pm deadline.

Mr. Evans posted a long message on Facebook, thanking “Alfie’s Army” for their faithfulness and asking them, for now at least, to refrain from demonstrating outside Alder Hey Childrens’ Hospital in Liverpool:

Can I ask that after tonight I would really appreciate if everyone has a break from the protesting please?

Me and Kate are so, so, so grateful for all your time you have put into it and support we can not thank you enough.

I will update you on where we go from here and if we get permission then that would be a good reason to demonstrate peacefully.

Me and Kate need to now focus on spending precious time with Alfie and focus on the next legal step, keeping the relationship with the staff at ease and peace and make sure no parents are being affected any more.

Thank you all so, so much. Please, please share this so everyone gets the message.

But Mr. Evans was not giving up. In a press conference outside the hospital, he showed a new photo of Alfie in which the 23-month-old with the mysterious degenerative brain disease has his eyes open. According to the Liverpool Echo, Mr. Evans read a prepared statement in which he said

“We fight Alf just like you, whenever you show us your done we will stop Alf but while you continue to lead us through the storm we will hold your hand all the way through it.”

Afterwards, Mr. Evans again posted on Facebook:

“Just came into Alfie after my interview and this is what he is telling the world the judges the drs the trolls – he’s fighting not dying, he’s undiagnosed not terminal.

The Mirror newspaper reported that the update also pictured Catholic priest Father Gabriele which included the following description:

Father Gabriele in recent months has followed the story of little Alfie, praying for him and trying to sensitise the faithful and the Church against limiting the right to life of sick children.

“The concern that brought me here was to see that Alfie had not yet received the sacrament of healing for the sick, that’s what I proposed to do.

“I read online when a journalist asked a Liverpool priest to come, he answered ‘that’s not my job’, so I came.”

Tom and Kate have lost at all three levels of the British judiciary— the trial court, the Court of Appeal, and the Supreme Court. All backed the hospital’s conclusion that Alfie’s condition was terminal and that further treatment would be futile. The trial judge, Mr. Justice Hayden, went so far as to argue that maintaining Alfie on a ventilator would compromise his “future dignity.”

As we reported yesterday, the exchanges between the Court of Appeal and Diamond did not bode well for the parents, as judged by reporter Josh Parry’s exhaustive real-time summary of the back and forth.

Lord Justices Moylan and Davis, and Lady Justice King insisted that Tom and Kate’s attorney, Paul Diamond, was raising issues that had already been rejected and let their unhappiness show that Mr. Evans had tried to remove Alfie and fly him to Italy.

Born on May 9, 2016, Alfie has a terribly degenerative brain disorder that has baffled physicians and specialists.

Last week Tom and Kate thought they had reached an agreement with Alder Hey to suspend the end-of-life protocol “so they can review Alfie’s situation and see if he is fit to travel abroad for further medical treatment,” as Sarah Evans, Alfie’s aunt, told reporters.

But the hospital said only that they were still looking to come up with “the most appropriate palliative care plan.” They went back to Judge Hayden to ask “for guidance about a date on which to withdraw treatment from Alfie.”

Then, late last week, as over a thousand people peacefully demonstrated in front of the hospital, Judge Hayden issued an emergency order that paved the way for Monday hearing in the Court of Appeal which again rejected the parents’ request to transfer Alfie out of Alder Hey.

Categories: Infants