`RAPE'
AGONY OF CJD HUBBY
Jan 24 2004
Exclusive
By Gordon Mcilwraith
A WOMAN with mad cow disease falsely accused her husband of trying
to rape and murder her.
And the innocent husband's months of torment only ended when doctors
diagnosed her illness and realised it was to blame for the false
allegations.
The tragic story was revealed yesterday when a Scots judge gave
the go ahead for experimental drug treatment to prolong the 40 year-old
mum's life.
Lord Nimmo Smith was told the woman still had ''a quality of life''
and her husband fully backed doctors' wishes to try the treatment.
Without it, she could be dead within months.
The husband, who comes from central Scotland, sat in court with
his brother-in-law as the heartbreaking story unfolded.
After the hearing at the Court of Session, his lawyer, Leo Martin,
said: ''It is the hope of my client and his family that the treatment
will halt or delay progression of the CJD symptoms.
''I would ask that you fully respect the privacy of the family in
what is undoubtedly a pressurised and testing time for them.''
The family lost a legal bid to prevent the woman's identity being
disclosed but the Daily Record has chosen not to name her. Iain
Armstrong, QC, acting for the woman, told the judge she was mentally
impaired and incapable of consenting to the treatment.
He added: ''But she does have a quality of life. She gets great
joy and satisfaction from the presence of young children.
''She still has maintained, what was described to me, a somewhat
sparky, feisty temperament.
''She still has a great deal of joy to experience from life. The
alternative is, without doubt, imminent death.''
The court was told the woman became depressed and started suffering
memory loss last February.
That month, she made the accusations against her husband, who was
charged and appeared in court. He spent six months living apart
from his family until the charges were dropped.
When the woman was detained in hospital under the Mental Health
Act, she was diagnosed as having CJD.
Doctors estimated she had begun suffering from CJD in February.
Papers submitted to the court said: ''The allegations made by her
are considered a symptom of the manifestation of CJD.
''Psychiatric distress and agitated depression are frequently noted
early symptoms of the onset of the disease.''
The judge also heard that the drug doctors propose to use pentosan
polysulphate has been used to treat conditions such as thrombosis.
However, work on its use in CJD is at a very early stage.
Valerie Stacey, QC, for the husband, said: ''This is essentially
experimental and normal procedures whereby new treatment is tested
have not been carried out.
''There has been research on animals and permission for it to be
done on human beings. But it is not at a stage where doctors feel
able to carry it out without court authority.
''Her present state is well worth preserving in her husband's view.
If treatment is given, it may slow things down.
''The position as to whether or not this operation will take place
is dependent on the court authorising it. Doctors will not do it
without authorisation.''
Mr Armstrong agreed that the treatment was in the woman's best interests.
''She has the benefit of a most caring and supportive family and
they clearly understand the nature of the procedure, '' he said.
Lord Nimmo Smith described the case as a ''very distressing and
sensitive matter.
He ruled: ''I am satisfied on the balance of probabilities that
it is in her best interests that she be given the treatment which
is proposed.
''On the very limited information which is available about it, it
is possible that the treatment may halt or at least slow down the
progressive deterioration which is otherwise anticipated.''
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