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CROWN PROSECUTION SERVICE FAO: Director of Public Prosecutions Confidential Advisory Re: William John Traynor 4.9.2009

Detectives have now interviewed everyone involved in the above case, and I attach files containing all related documents accordingly.

The subject at the centre of the investigation is Mr William Traynor, a 35-year-old former partner in the firm Madingley Lewins, based in the City of London. Mr Traynor suffered a spinal injury in a road accident in 2007 and had been diagnosed C5/6 quadriplegic with very limited movement in one arm only, requiring 24-hour care. His medical history is attached.

The papers show that Mr Traynor had been at pains to regularize his legal affairs sometime before his trip to Switzerland. We have been forwarded a signed and witnessed statement of intent by his lawyer, Mr Michael Lawler, as well as copies of all relevant documentation relating to his consultations with the clinic beforehand.

Mr Traynor’s family and friends had all expressed their opposition to his stated desire to end his life prematurely but given his medical history and previous attempts on his own life (detailed in his attached hospital records), his intellect and strength of character, they were apparently unable to dissuade him, even during an extended six-month period which was negotiated with him specifically for this purpose.

It will be noted that one of the beneficiaries of Mr Traynor’s will is his paid female carer, Miss Louisa Clark. Given the limited length of her association with Mr Traynor some questions may be asked about the extent of his generosity towards her, but all parties say they do not wish to contest Mr Traynor’s stated wishes, which are legally documented. She has been interviewed at length several times and police are satisfied that she made every effort to deter Mr Traynor from his intention (please see her ‘calendar of adventures’ included in the evidence).

It should also be noted that Mrs Camilla Traynor, his mother, who has been a respected JP for many years, has tendered her resignation in light of the publicity surrounding the case. It is understood that she and Mr Traynor separated soon after their son’s death.

While the use of assisted suicide at foreign clinics is not something the CPS can be seen to encourage, judging by the evidence gathered, it is evident that the actions of Mr Traynor’s family and carers fall well within current guidelines as laid out relating to assisted suicide and the possible prosecution of those close to the deceased.

Mr Traynor was deemed competent and had a ‘voluntary, clear, settled and informed’ wish to make such a decision. There is no evidence of mental illness, or of coercion on any part. Mr Traynor had indicated unequivocally that he wished to commit suicide. Mr Traynor’s disability was severe and incurable. The actions of those accompanying Mr Traynor were of only minor assistance or influence. The actions of those accompanying Mr Traynor may be characterized as reluctant assistance in the face of a determined wish on the part of the victim. All parties involved have offered every assistance to the police investigating this case.

Given these facts as outlined, the previous good character of all parties, and the evidence enclosed, I would advise that it does not serve the public interest to pursue a prosecution in this case.

I suggest that if and when any public statement is made to this effect, the Director of Public Prosecutions makes it clear that the Traynor case sets no kind of precedent, and that the CPS will continue to judge each case on its individual merits and circumstances.

With best wishes

Sheilagh Mackinnon

Crown Prosecution Service