Alfie Evans's father threatened private murder prosecution against doctors treating the toddler
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Loading... - Lieze Van Riel
- 26 Apr 2021
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The father of Alfie Evans, the critically ill child at the centre of a bitter life-support dispute, threatened to take out a private prosecution for murder against doctors treating his son, it has emerged.
The Appeal Court heard on Wednesday that Tom Evans had talked of taking out the private prosecutions against three doctors for "conspiracy for murder".
Mr Justice Hayden decided at a hearing in the Family Division of the High Court in Manchester on Tuesday, that Alfie should not be allowed to leave Alder Hey Children's Hospital in Liverpool and travel to a hospital in Italy.
In his ruling Mr Justice Hayden criticised what he described as the "malign hand" of one of the family's advisers, law student Pavel Stroilov, who had been party to Mr Evans lodging a private prosecution of doctors at Alder Hey Hospital.
On Wednesday, Alfie's parents lost the latest round of their legal battle, when three Court of Appeal judges dismissed their appeal against the decision that the child should not be taken abroad for treatment.
Lord Justice McFarlane told Mr Evans’s barrister, Paul Diamond at the Appeal Court hearing: "Your client purported to take out a private prosecution to have three named doctors charged with the criminal offence of conspiracy to murder.
"Those summonses were served on the doctors and I hear you say that there is no hostility to the NHS."
Merseyside Police on Wednesday evening warned that any threats or malicious comments made on social media against staff at Alder Hey would be investigated and could lead to prosecutions.
Chief Inspector Chris Gibson said: "I would like to make people aware that these posts are being monitored and remind social media users that any offences including malicious communications and threatening behaviour will be investigated and where necessary will be acted upon."
It came as it emerged that 23-month-old Alfie, who stopped receiving life-support treatment late on Monday as a result of the court’s decision, is now “struggling” and is not expected to live much longer.
Mr Evans and his wife Kate James, from Liverpool, were appealing against Mr Justice Hayden’s ruling preventing their son being taken to Rome’s Bambino Gesu Hospital for continued treatment.
Mr Justice Hayden had said he accepted medical evidence which showed that further treatment was futile and that flying Alfie to a foreign hospital would be wrong and pointless.
At Wednesday's appeal against the ruling Mr Diamond told three senior appeal court judges that an Italian embassy representative was in court and an air ambulance was on standby at the "request of the Pope".
He added: "My general conversation with Mr Evans is 'save my boy'. He would leave no stone unturned... He is clutching at straws."
'The warrior strikes again. He's back'
At the same time two people believed to be German air ambulance staff who had been seen speaking to members of the Evans family were escorted from Alder Hey by police.
Mr Evans said his son had confounded specialists' expectations by continuing to breathe.
In a live video posted on Facebook he said Alfie's life had been "sustained" for a third time.
"The warrior strikes again. He's back. He's just had a little dip, he went pale, lips started going a little bit but he's back. Just wanted everyone to know Alfie's stabilised,” said Mr Evans.
Ms James is now represented by Jason Coppel QC, a different barrister from Alfie's father, and the appeal judges heard from her that the toddler was “struggling”.
Mr Coppel said he had just spoken to Ms James by telephone and said: “The purpose of the phone call was to say that Alfie was struggling and needed immediate intervention to ensure that he survives at least for the purposes of today and she asked me if I would pass that on to the court and ask that the court invite the hospital to take the appropriate steps."
Alfie's appreciation of life 'destroyed irrevocably'
Appeal judge Lady Justice King disagreed that there was any prospect of Alfie having any pleasure or appreciation of life.
She said evidence showed that, while Alfie was unlikely to feel pain, "tragically everything that would allow him to have some appreciation of life, or even the mere touch of his mother, has been destroyed irrevocably".
A doctor, who cannot be named for legal reasons, said that for Alfie to be allowed home would require a "sea change" in attitude from the child's family.
Police blocked protesters from the entrance to Alder Hey on Monday CREDIT: PETER BYRNE/PA WIRE
Alfie has been in Alder Hey with a rare undiagnosed degenerative neurological condition since December 2016.
Doctors have said the toddler’s brain has been destroyed by his illness and it is in his best interests to withdraw life support.
In a statement the hospital said its "top priority remains in ensuring Alfie receives the care he deserves to ensure his comfort, dignity and privacy are maintained throughout.
"This includes working closely with Kate and Tom as they spend this precious time together with him."
On Tuesday Mr Justice Hayden had criticised Mr Stroilov, who works for the Christian Legal Centre (CLC) as a “fanatical and deluded young man” and described a witness statement prepared for Alfie’s parents as “littered with vituperation and bile” that was doing them “far more harm than it does good”.
