MARY AND JODIE UNDER THE KNIFE

In his judgment Lord Justice Ward emphasised how ‘this court is a court of law, not of morals.’ Twin daughters May and Jodie of the couple Michelangelo and Rina Attard were joined at the lower abdomen. They each have their own brain, hart, lungs and other vital organs and they each have arms and legs. Doctors confirmed that the twins could be surgically removed, yet, Mary, the weaker of the two would die as of her heart and lungs being too deficient to oxygenate and pump blood through her body.  Mary would have died shortly after the birth, but is alive only because of a common artery with her stronger sister, which circulates life sustaining oxygenated blood for both of them. Separation of the twins would require the clapping and severing the common artery- within minutes of doing so Mary would die. Yet is the operation was not to happen, both would die within six months of their birth.

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Neonatal surgeon Adrian Bianchi said ‘the only way [Mary] could have survived was [by the] link to her sister who was acting as her life-support machine.’ ‘Over the previous ten days [Jodie’s heart] had begun to show signs of strain, consequent to taking on two bodies.’ The doctors were mindful of what had to be done, but the parents being devout Catholics believed that it is God’s will that their children are afflicted as they are and they must be left in God’s hands. Both the Archbishop of Westminster and the Pro-Life Alliance wrote submissions supporting the parent’s case to deny consent for the separation of the twins.

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The case went to the high court granted declaration to the doctors to go ahead with the separation on the grounds that the operation would be akin to withdrawal of support i.e. an omission rather than a positive act and also the death of Mary, although inevitable, was not the primary purpose of the operation. The parents the appealed to the court of appeal on the grounds that the learned judge erred in holding that the operation was (1) in Mary’s best interest, (2) it was in the best interest of Jodie, and (3) it would be legal in any event. The Court of Appeal concluded they had been faced with an agonising decision. Ultimately, the court ruled in favour of Jodie’s right to life as Lord Justice Ward stated ‘Mary has always been fated for early death,’ and ‘though Mary has the right to life she has little right to be alive.’