Case of Daniel James

The “assisted suicide” of a young rugby player who was left paralysed last year when a scrum collapsed is being investigated by police.

Dan James, who once played for England Under-16s, died last month after travelling to a Swiss euthanasia clinic with his parents, Mark and Julie.

The 23-year-old looked destined for a professional playing career before he was left paralysed from the chest down after his spine was dislocated while training with Nuneaton Rugby Club in March 2007.

An inquest into his death was opened last month. The circumstances of the death were recorded as: “Deceased travelled to Switzerland with a view to ending his own life. He was admitted to a clinic where he died.”

He is one of the youngest Britons to have travelled to Switzerland for an assisted suicide.

The former pupil at Worcester Royal Grammar School was the son of Stuart James, who is listed as the Director of Rugby at Worcester Wanderers - an amateur club linked to Guinness Premiership club Worcester Warriors.

Mr James and his wife have being interviewed by police as part of an investigation into his death.

Det Insp Adrian Todd, of West Mercia Police, said: “A police investigation is ongoing and officers have spoken with a man and a woman in connection with the case. A report will later be submitted to the Crown Prosecution Service and an inquest into the death will take place in due course.”

Mr and Mrs James, from Sinton Green, near Worcester, have refused to comment on the investigation.

In April, Mrs James told the Worcester News about the moment she heard about the injury as part of an appeal to raise £100,000 for spinal injury research.

“It was so sudden,” she said. "We had no build-up to it, it just happened. We got a phone call saying Dan had a bit of a knock at rugby. That was it.

"I always stop and think that if every family affected by spinal injury in the past 20 years had raised money for research, we might be five years more advanced and it may have made a difference to Dan.”

Her son was a former pupil of Worcester’s Royal Grammar School and, when he sustained his injury, he was studying construction engineering management at Loughborough University. He had played for Worcester RFC mini-junior and rose through the ranks to play for Worcester Wanderers Colts. He also represented England Under-16s, England Universities and England Students.

After his death was announced, a spokesman for Worcester Warriors said: “Danny and his family are a large part of the family ethos at Worcester Warriors and Worcester Rugby Football Club and our thoughts are with them at this difficult time.

“Danny’s injuries were caused on a rugby field and it is something that every player that runs out on to the pitch fears most. However, as a result of Danny James, and also Matt Hampson at Leicester Tigers, the game of rugby has been made more aware of the dangers of spinal injuries.”

More than 100 Britons have travelled to Switzerland to make use of laws that allow assisted suicide, a practice prohibited in Britain. The figure, released by Dignitas, the centre for assisted dying in Zurich, were disclosed as a High Court test challenge begins today to the laws that ban aiding and abetting suicide.

Dignitas was founded in 1998 by Ludwig Minelli, a Swiss lawyer who runs it as a non-profit organisation. It takes advantage of Switzerland's liberal laws on assisted suicide, which suggest that a person can be prosecuted only if they are acting out of self-interest.

According to Dignitas, the number of Britons among its assisted suicides reached 100 last month. There is, however, no independent verification of its figures.

Julie James explained her decision to help her son kill himself in two emails to a newspaper earlier this month, in response to articles about the High Court “right to die” test case brought by multiple sclerosis sufferer Debbie Purdy

“My heart goes out to Ms Purdy. Three weeks ago our son was at last allowed his wish of a dignfied death in the Dignitas apartment in Zurich. Dan was 23 years old and had broken his neck in a rugby accident in March 2007.

"He couldn't walk, had no hand function, but constant pain in all of his fingers. He was incontinent, suffered uncontrollable spasms in his legs and upper body and needed 24-hour care.

"Dan had tried to commit suicide three times but this was unsuccessful due to his disability. His only other option was to starve himself.

"Dan had been a lively and hugely active young man he was highly intelligent, lovable and so loved by his family.

"Whilst not everyone in Dan’s situation would find it as unbearable as Dan, what right does any human being have to tell any other that they have to live such a life, filled with terror, discomfort and indignity, what right does one person who chooses to live with a particular illness or disability have to tell another that that they should have to.”

In a second email she wrote:

“We returned from Switzerland on the 12 September after accompanying our 23 year old son who had been left tetraplegic after a rugby accident.

"Dan found his life so unbearable and had tried to commit suicide three times. Other than to starve himself, to travel to Switzerland was his only option.

"Whilst we were away some “well meaning" person involved with social services took it upon herself to call the police.

"This person had never met Dan before or after his accident and obviously gave no consideration for our younger daughters who had seen their big brother suffer so much, and the day before had to say goodbye to him.

"I hope that one day I will get the chance to speak to this lady and ask if she had a son, daughter, father, mother, who could not walk, had no hand function, was incontinent, and relied upon 24-hour care for every basic need and they had asked her for support, what would she have done?!

"Our son could not have been more loved and had he felt he could live his life this way he would have been loved just the same, but this was his right as a human being. Nobody but nobody should judge him or anyone else.”