Court Rejects Latest Appeal by UK Toddler's Parents; Attorney Wants Prime Minister Theresa May to Weigh In
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Life and death court hearings continued Wednesday as the parents of Alfie Evans, the UK toddler battling an undiagnosed brain disease, relentlessly fight for their right to have a final say in their son's treatment.
Alfie's parents, Tom Evans and Kate James, were back in the UK Court of Appeal after a judge ruled Tuesday they don't have the right to fly their son to a Vatican hospital in Rome for treatment.
"The judge rejected the permission for a full appeal," Roger Kiska, legal counsel for the Christian Legal Centre, which is representing Alfie's father, Tom, told CBN News. "So we're still looking at all legal possibilities available to us, including introducing new medical evidence, going to the Supreme Court."
"We're doing something that obviously we'll need to discuss with Tom and Kate," he continued.
Kiska also described Alfie's condition.
"He's struggling as one would expect, but he's a fighter, and we still contend that he's a living miracle," Kiska said.
The attorney wants Christians to continue fighting for Alfie.
"Keep on signing petitions; keep on praying," he said. "Keep on bringing this up... just so that this is brought to the attention of the UK."
Kiska said the family would also like to hear from Prime Minister Theresa May.
"Surprisingly silent in all of this has been Theresa May despite the fact that the pope, the president of the European Parliament, the president of Poland, the entire station of Italy has commented on it," he said. "So we'd like to hear from her."
During Wednesday's appeal hearing, British reporter Dan Whitehead of Sky News, tweeted that a lawyer representing Alder Hey Children's Hospital in Liverpool, where Alfie has been taken off life support, said, "It would be 'astonishing' if the arguments over free movement (allowing Alfie to go to Italy) were to trump his best interests."
Hospital lawyer: It would be “astonishing” if the arguments over free movement [allowing Alfie to go to Italy] were to trump his best interests #AlfieEvans— Dan Whitehead (@danwnews) April 25, 2018
Whitehead also tweeted during the proceeding, that Paul Diamond, the attorney for Tom Evans, told the court, "Let's not let him (Alfie) starve in a hospital ward... what kind of country are we becoming?"
Barrister for father tells court: “let’s not let him starve in a hospital ward...what kind of country are we becoming?” #AlfieEvans— Dan Whitehead (@danwnews) April 25, 2018
In addition, the reporter tweeted that Diamond asked the court to "'get out of (a) judicial straight jacket' and get out of (a) system where best interest means someone needs to die."
Barrister for father asks court to “get out of judicial straight jacket” and get out of system where best interest means someone needs to die #AlfieEvans— Dan Whitehead (@danwnews) April 25, 2018
Lord Justice McFarlane of the Court of Appeal described the situation as "awful for everyone concerned," according to Whitehead's tweet, and McFarlane supported the decision of Mr. Justice Hayden of the High Court.
Justice McFarlane: This is awful for everyone concerned. We are in the middle of palliative care plan at Alder Hey Hospital. I can see no basis that judge was wrong.— Dan Whitehead (@danwnews) April 25, 2018
Hayden, who ruled Tuesday that Alfie may not fly to Italy for treatment, also said during the same hearing that the best scenario for Alfie's parents was to look into the possibility of transferring him from intensive care to a hospice, ward or his home, according to the BBC.
In February, Hayden ruled that whatever was causing Alfie's condition, the damage to the toddler's brain was so severe that it was in his best interest to be taken off life support.
The hospital released a statement after Wednesday's appeal hearing:
"We note today's ruling from the Appeal Court which has rejected both applications to take Alfie to Italy. Our top priority is to continue to provide Alfie with the care he deserves and to ensure his comfort, dignity and privacy are maintained at this time."
According to British media outlets, Hayden described Alfie as "courageous" and a "warrior" in court Tuesday, but went on to say the case has now reached its "final chapter."
The toddler was taken off life support Monday afternoon by Alder Hey Hospital with permission of the High Court and has been forced at different points to go hours without food, water and oxygen.
Tom Evans told Britain's This Morning show on Wednesday morning that the hospital did finally begin to feed him at 1:00 a.m. after nearly 23 hours without food.
In additional updates from family members online, they say over the last 24 hours Alfie has repeatedly turned blue from lack of oxygen, forcing them to provide mouth-to-mouth to keep him alive.
A family member posted on Alfie's Facebook support page called "Alfies Army Official," begging for anyone who was able to go to the hospital and bring them a portable breathing machine and saying the hospital was not stepping in to help.
Facebook pages like this one and several others like "Save Alfie Evans" have been critical to rallying support for Alfie and updating his "army" with the latest information on his well-being.
CBN News has reached out to administrators on "Alfies Army Official" for additional updates or statements from the family.
A recent post on the page from Tom Evans reads, "No sleep for three days nothing but torture and deprivation our boy continues to fight with no suffering or indication of pain coming up to 2 DAYS NOW," and he asks British authorities to "please save our son your lordships."
According to LifeSiteNews, Americans will hold a vigil in support of Alfie Evans outside the British embassy in Washington, D.C. on Thursday, April 26 at 11:00 a.m.
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