12/03/2012 BBC Points West


12/03/2012

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Hello and welcome to BBC Points West.

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The headlines: Fighting for the right to choose

:00:12.:00:14.

when to die. The Wiltshire man battling to be

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able to end the life he describes as intolerable.

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It has been very difficult, but whatever we feel, it is always 100

:00:24.:00:27.

times worse for him. A report into the financial scandal

:00:27.:00:30.

at the Cotswold Water Park says mistakes were made, but councillors

:00:30.:00:36.

didn't break the law. The nurse who switched off a life

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support machine fails to show up at her disciplinary hearing.

:00:40.:00:42.

And courting Cheltenham for one last time, Kauto Star is declared

:00:42.:00:52.
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Good evening. A Wiltshire man who wants a doctor

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to be able to end his life lawfully has won the right to have his case

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heard in the High Court. Tony Nicklinson from Melksham suffers

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from locked-in syndrome which means his body is paralysed, but his mind

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is unaffected. He says it is intolerable not having a way out

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and sums up his life as "dull, miserable, demeaning and

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undignified". Alice Bouverie Tony Nicklinson has suffered every

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day for the last six-and-a-half years. You can't do anything -- he

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can't do anything for himself. Everything has to be done for him.

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If he has a scratch, someone has to itch it for himpm. Known as Royals

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to his friends, he was a former rugby player and daredevil, but

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since suffering a stroke in 2005, he has been unable to move from the

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neck down. Only able to communicate through a

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letter board and his computer. By looking at him, I know what he

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is thinking a lot of the time and it is, life is hell for him really.

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It is not going to get any better. Although Jane says Tony doesn't

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want to die tomorrow, he wants to know he has a way out when he can't

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take it anymore. What is different about this case, it isn't assisted

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suicide. Tony Nicklinson isn't in pain and he is not dying, but he

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wants a doctor to end his life and not fear prosecution for murder and

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he wants that defence to be under the common-law of necessity.

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Necessity because it is Tony Nicklinson's own way of ending his

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suffering. The Ministry of Justice wanted the

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case thrown out, arguing that needing to kill someone can never

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be a defence to a charge of murder. But today a judge ruled the case

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can proceed. This was Tony's reaction.

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I'm delighted that the issue surrounding assisted dying are to

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be aired in court. Outside the High Court, the Nicklinson's solicitor

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argued if the law was change people didn't need to fear it. Cases would

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be considered on an individual basis.

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This Is a case where the court would have to authorise in advance

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any such step to be taken. The court already does so in cases

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involving the withdrawal of nutrition and hydration. So the

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courts are well used to dealing with those cases so it is not a

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case of the floodgates being opened at all.

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Such are the implications of this case, it is likely to go all the

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way to the Supreme Court. Tony and Jane Nicklinson's daily nightmare

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Well, with us now to discuss some of the issues is Timothy James, a

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Senior Lecturer in Law and Medical Ethics at Birmingham City

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University. Thank you for joining us. The law here is 50 years old

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and in that time medical science improved. Is it time for a re-

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evaluation? The law is more than 50 years old. It is over 200 years old.

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What Mr Nicklinson's lawyer is arguing is the defence of necessity

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should be available to a doctor who killed Mr Nicklinson. Now until

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2000 there was no defence of necessity and then we had the

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conjoined twins case and for the first time the law recognised the

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defence of necessity in killing specifically for the conjoined

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twins. Now, 12 years later, somebody wants to broaden that

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exception and this is the way the law goes. The question is whether

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it is going in the right direction. What are you worried about then?

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Well, many of the issues, of course, were anticipated by his solicitor.

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She said there was absolutely no risk of the opening of floodgates

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and I think that is unrealistic unrealistic. She gave the example

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of people who have, who are being fed through a tube and who are

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unaware and the court is asked to approve this being withdrawn. When

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this was first considered in Tony Bland's case in 1993 it was highly

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controversial and received a detailed looking at. Now, it is

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fairly systematic. You know which forms to fill in and it is

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straightforward. You can guarantee what the outcome will be.

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But Tony Nicklinson's argument is he should have the right to take

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his own life and he doesn't because he can't do it himself? No, his

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point is that he should have the right to have somebody else kill

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him. He does have the right to take his own life, but... But he doesn't

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have the the ability to do that and that is his problem. The law draws

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a bright line between the two. It says we can't stop you killing

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yourself, but in practise somebody who prevents you from committing

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suicide won be criticised for that, but that crossing the line to

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deliberately killing somebody because they want to die is too far.

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I think that is right. I think those who say there is no slippery

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slope haven't looked at the history of the last 30 years.

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The trial has begun of a Bath newsagent who went on the run 12

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years ago after being accused of sex offences against teenage girls.

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Lewis Knight, now 60, disappeared in 2000, but last year he was

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tracked down in Spain. Today, he faced 11 allegations including four

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The jury heard how Lewis Knight ran what was then a newsagent's shop,

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but is now a general stores here in Mount Road, Whiteway in the late

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1990s, but he used his position to assault and rape his victims some

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as young as 13-years-old. In 1999, Lewis Knight a Spanish national who

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had married a British woman was charged with seven counts of sexual

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abuse. But despite surrendering his passport, he obtained a replacement

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from the Passport Office, jumped bail and failed to turn up for his

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trial at Bristol Crown Court. He went on the run to Spain and

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disappeared from sight. But last August members of Avon and

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Somerset's Cold Case team tracked him down to the remote village of

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Torres de Segre near Barcelona. He was later extradited back to the UK

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in September after a court appearance in Madrid. Prosecuting,

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Andrew MacFarlane, told the court how Lewis Knight inexplicably took

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advantage of the young girls. He explained how the defendant groomed

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the girls before taking them down into the cellar where he raped and

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indecently assaulted them. The jury were told how he used his position

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of manager of the shop to approach the girls who either did paper

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rounds or worked with him in the shop. Three victims who were

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between 13 and 15 have given interviews to the police,

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describing how humiliated and terrified they were. One said she

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that at the time she just couldn't tell her mother she had been raped.

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The former newsagent denies four charges of rape, six of indecent

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Gloucestershire County Council's dealings with the now defunct

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Cotswold Water Park Society have been revealed today. Last year, the

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chief executive of the society, Dennis Grant, was jailed for

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defrauding it of over �600,000, prompting an inquiry into the

:08:14.:08:23.
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council's involvement with him. Dennis Grant was the public face of

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the water park scanned 85, but following accusation that senior

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council officials were in cahoots with him, the county council set up

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an independent inquiry. Today the author delivered his verdict. No

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officers acting illegally, but the report did find the council failed

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to properly scrutinise a deal that Dennis Grant did to lease the

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Kenyes Country Park to another company. The council failed to deal

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with complaints made to it about the agreement. Secret evidence has

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been uncovered that's been passed to the police who are investigating

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the water park scandal. The district councillor who sees

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getting to the truth as a personal crusade says the report is just the

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start. This is not about drawing a line

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under a pretty sordid period in the water park's history. This is about

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bringing people to account, well paid public servants, to account

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and getting to the truth and I don't think we're there yet.

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The county council admits mistakes were made in its dealing with the

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water park society and promised things will change.

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Clearly there were a number of failings within the internal

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systems and I think that's just not good enough for a public

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organisation like ourselves and it doesn't meet the standards that

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local residents would expect from that.

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The the author of the report says the council has a real opportunity

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to avoid mistakes of the past. It is very important in terms of

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what the council can learn for its future approach for example, in

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handing over libraries or youth centres or other things like that

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which are on a bigger scale and would affect more people. There is

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a long way to go. There is a theme of optimism running throughout this

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report. A chance, of course, to put the wrongs right, but maybe to

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start again. A chance for the water park to achieve its vision that was

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set out decades ago, to create a vibrant and exciting destination

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It is Alex and Will with you this evening.

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And here's a couple of good reasons to stay with us. A stable

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relationship - why the Cheltenham Festival is a real family affair

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for this West Country yard. And were you the leader of the

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pack? If you ran the Bath Half standby to spot yourself in our

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A Bath teenager, missing for nearly three weeks, has been found safe

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and well. Ruth Byfield, who's 18 and from Oldfield Park was found in

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Hampshire yesterday afternoon. A nurse who left her paralysed

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patient severely brain damaged after turning off his ventilator

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has failed to attend a disciplinary hearing. Violeta Aylward is charged

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by the Nursing and Midwifery council with not being familiar

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with how to operate a life support machine. Matthew Hill has been at

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Today was the first day we were supposed to hear from nurse,

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Violeta Aylward about why she turned off Jamie Merrett's

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ventilator leaving him without a proper supply of oxygen for a

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quarter of an hour, but she failed to turn um. A last minute letter

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from a church elder said this is because of ill health. But the NMC

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decided to go on with the hearing anyway because she thought she

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wouldn't turn up to future hearings. Taken by a webcam set-up by the 39-

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year-old patient because he was so worried about his care. Jamie

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Merrett's footage shows the the nurse turning off his life support

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machine and panicking. Violeta Aylward is charged with not being

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trained in how to resuscitate a patient, breathing through a

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tracheostomy and connecting an emergency breathing bag to his

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mouth instead of his neck. The nurse was supplied to NHS Wiltshire

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by the private agency Ambition 24. The panel heard that the nursing

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agency Ammunition 24 were aware they should provide a nurse trained

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in how to use a ventilator, but Violeta Aylward had no experience

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and she had not been on an an intensive care ward. As a

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registered nurse for patients with learning difficulties, Violeta

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Aylward would never of had life support training anyway. Today

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Jamie Merrett's sister said she was disappointed that she would never

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hear a full explanation from his nurse.

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It would have been good for her to come to hear about what she did to

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Jamie. I can't even understand why she didn't come, emotionally. I can

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understand where she might be at, but as a nurse, she owe as duty of

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care not only to my brother, but the association she is registered

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with and she she has to answer for her actions.

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The hearing is can'ted to end on Friday. If found guilty of serious

:13:31.:13:41.
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professional misconduct, Violeta Now as spring cleaning tasks go,

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this is a pretty big one! A specialist team is getting to work

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on a stretch of the Kennet and Avon Canal in Bath. Five locks need to

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be overhauled and repaired to prevent precious water escaping.

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But as Ali Vowles has been finding out, the engineering project is not

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quite as straight forward to carry Think of the beautifully restored

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Kennet and Avon canal and this isn't what comes to to mind. One

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long, muddy, sludgy puddle, but this popular mile of water in the

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heart of the city is having a spring clean. It is being drained

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so five of the loches can under go major repairs because it is so well

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used. The boat traffic that's gone through here has led to the gates

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becoming worn and damaged so we're having to carry out the works now

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to make sure they last another ten or fifteen years.

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Here at loch number 11, you can see the problem. There is that gap a

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the bottom where the boats go through and the loch gates have to

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be repair. When you have any engineering work, you have to get

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rid of the water, but if you get rid of the water, what happens to

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all the fish? The loches can't be mended until

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the wildlife is removed. So it is time to call in the fish rescue

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experts who will move the 25,000 roach, carp, eels and bream that

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live here. We set up stock nets as we move

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through to them and then we stun the fish on the way up to the stop

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nets. It is kind on the fish. It stops them swimming.

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And then happens to them? transfer them into bins and we move

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them up to the section of water which is three-quarters of a mile

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above this. It will take the rest of the month

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to do the repair work on all five lochs and only then will the fish

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Those poor fish, they look dead! I hope they survived.

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Just shocked. This week racegoers will flock to

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Cheltenham for the top meeting of the national hunt season.

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Today came the news that so many hoped for, Kauto Star, the star of

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the sport is fit to race in the Gold Cup. It takes place at the

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Press bury Park course and David Hi Alex. Thank you very much indeed.

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Yes it is strangely quiet here tonight, but make no mistake, at

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1.30pm, the great roar which always greets the start of the first race

:16:15.:16:20.

will go up and we'll be off for another year. Now officials here,

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the industry and his fans were buoyed today by the news that Kauto

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Star will be running in the Gold Cup on Friday. He is trained by

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Paul Nichols in Somerset and he suffered a fall in training there

:16:32.:16:38.

over a fortnight ago. I'm joined by the clerk of the course here and a

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trainer from Ireland who trained the Kicking King.

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Simon, you must be delighted with the Kauto Star news. I know it is

:16:47.:16:51.

not about one race and one horse? The news we were hoping for today.

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He had a good gallop on Saturday. I can't see him here.

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You know about the Gold Cup. How much will it be enhanced by Kauto

:16:59.:17:04.

Star taking part? It will be the pinnacle of the day. He has raced

:17:04.:17:10.

for seven years. He caught the imagination of the people of that

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time. He won two Gold Cups already. He is a fantastic horse. It will be

:17:16.:17:19.

of up most importance to see himself and Long Run going up the

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hill. The news about Kauto Star came

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through at midday today and Alistair dur den has been Paul

:17:28.:17:32.

Nichols yard to talk to Paul and to meet Kauto Star.

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Room service for racing royalty, Kauto Star can rest up now after

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proving his fitness over the jumps this morning. A performance his

:17:44.:17:49.

team described as perfect. We wanted to see him jump well and

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he jumped six fence was Ruby Walsh very well. He has got an

:17:56.:18:05.

outstanding chance. He is in with a chance.

:18:05.:18:08.

No horse has regain the Gold Cup twice. A third win on Friday would

:18:08.:18:13.

mark him out as the best ever. But his fall two weeks ago, was a

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reminder that this unstoppable horse is now twelve and that this

:18:17.:18:22.

is likely to be his last time around the famous course.

:18:22.:18:27.

I won't be pushing him. He has been a fantastic horse and I want to

:18:27.:18:30.

have him around for a long, long time. It is not worth it, pushing

:18:30.:18:35.

him too far. He has nothing to prove. If he could win this, even

:18:35.:18:40.

if he doesn't win it, of course if he just, a nice performance, I will

:18:40.:18:45.

be pleased. Kauto Star remains the sport's

:18:45.:18:48.

biggest superstar, the chest festival organisers are relieved

:18:48.:18:52.

their main attraction will be there on Friday. The bookmakers are happy

:18:52.:18:57.

as well. They are expecting a rush of bets now from his legion of fans

:18:57.:19:00.

hoping if this is the end of a great career then it will at least

:19:00.:19:10.
:19:10.:19:19.

Another important bit of news for for West Country racing fans,

:19:19.:19:26.

Grands Crus won't be competing. David Pipe has decided to run his

:19:26.:19:30.

horse on Wednesday. The horse is favourite at 7-4 for that one.

:19:30.:19:37.

Simon, you have got the who is pa the hospitality in place, and the

:19:37.:19:41.

bars, what is the course going to be like? We ought to ask the

:19:41.:19:46.

experts, ask Tom, but we have had plenty of compliments today. It has

:19:46.:19:50.

been hard for the ground staff. They have been watering it for

:19:50.:19:55.

weeks. It is really in terrific nick and it will be, I think, good

:19:55.:19:59.

to soft in places when we kick off at 1.0pm tomorrow.

:19:59.:20:04.

-- 1.30pm tomorrow. What do you think? It will be slow

:20:04.:20:09.

tomorrow. There is good. I can't really find the good part that much.

:20:09.:20:14.

It is on the slow side. It has been well watered. But it is safe ground

:20:14.:20:17.

and a level playing field for everyone.

:20:17.:20:21.

How big will the Irish challenge be this year? We have got plenty of

:20:21.:20:24.

runners and you know, the betting would suggest that we've got a lot

:20:24.:20:29.

of live chances in a lot of the novice chases and novice hurdles

:20:29.:20:36.

and with the favourite in the Champion Chase and the Champion

:20:36.:20:40.

Hurdle as well. If you could reach ten, it would be brilliant, but we

:20:40.:20:42.

will have to see. You You trained the winner of the

:20:42.:20:49.

Gold Cup in 2005 and your father rode the great Arkle in the 1960s,

:20:49.:20:54.

so what does this place mean to you? Cheltenham is like Mecca to us

:20:54.:20:57.

and it is a huge occasion and tomorrow in particular, being here

:20:57.:21:02.

today is super, but tomorrow when the crowds are here, from a jump

:21:02.:21:06.

racing fan, nothing compares to this and nothing will for me. I

:21:06.:21:10.

mean it was great, the video footage of Arkle and whatever that

:21:11.:21:14.

I was able to watch and whatever, but to be lucky enough to train the

:21:14.:21:19.

winner that brought it all down and now it is about training a few more.

:21:19.:21:21.

Thank you very much indeed, gentlemen.

:21:21.:21:24.

Well, the Cheltenham Festival is the highlight of the season for the

:21:24.:21:28.

bookies, the officials, the industry as a hole and the jockeys

:21:28.:21:35.

and the trainers. Nigel twiston Davis trains up the road. He will

:21:36.:21:39.

have a dozen runners this week, but he won't be interested in the

:21:39.:21:49.
:21:49.:21:50.

Early morning, every morning. Sam and Willie and the rest of the team

:21:50.:21:54.

school, train and prepare. All under the guidance of their father,

:21:54.:22:00.

Nigel. My alarm goes off at 6.30am. I try

:22:00.:22:07.

to be at the yard by 6.50am and ride out, go home, go racing and go

:22:07.:22:15.

to bed. Quite busy, but I wouldn't change it for anything else.

:22:15.:22:19.

There is pedigree, Imperial Commander won the Gold Cup two

:22:19.:22:24.

years ago. His sons are very much part of the operation with Sam, the

:22:24.:22:29.

elder, getting many rides and not just from his father's yard.

:22:29.:22:36.

Sam, I think, he is fifth in the jockeys table. He is doing well and

:22:36.:22:43.

Willie will will -- who had bad luck with injuries.

:22:43.:22:46.

How difficult is it that you are the younger brother? It is fine.

:22:46.:22:50.

Sam is older than me so he has been riding longer. How are you looking

:22:50.:22:54.

forward to Cheltenham? I am looking forward to it. It is the biggest

:22:54.:23:00.

race. I can't wait for it. Imperial Commander missed this

:23:00.:23:05.

season with a tend n injury -- tendon injury. Any win is important

:23:05.:23:10.

for a stable's reputation and that will depend on the skills of

:23:10.:23:20.

Now Tom, you have got three riders, three rides this week, which is the

:23:20.:23:24.

best one to back? Three three runners, Dave. I haven't ridden for

:23:24.:23:32.

a while. Which one is the best one to back? I like a horse on

:23:32.:23:37.

Wednesday. He is an each way chance. He might be, I'm hoping he will do

:23:37.:23:39.

well. Well, I will be back tomorrow with

:23:40.:23:43.

the news of day one and BBC Radio Gloucestershire is the place to go

:23:43.:23:47.

if you want to hear everything about it from traffic to runners

:23:47.:23:55.

and riders and Simon will be on air live every morning at about 7.40am

:23:55.:24:02.

to give us the going for the day David Garmston will be there

:24:02.:24:08.

I'm looking forward to T. Now we saw them watering the course at

:24:08.:24:11.

Cheltenham. It has been dry for a few days, hasn't it? What is the

:24:11.:24:14.

few days, hasn't it? What is the forecast looking like?

:24:14.:24:18.

Environment Agency are growing concerned about the state of the

:24:18.:24:22.

river courses particularly out in the eastern districts. The next

:24:22.:24:25.

chance of any significant rain coming our way is into the weekend,

:24:25.:24:30.

but for the time being remaining dry, if not completely so. A good

:24:30.:24:39.

deal of cloud around. That remains the key issue. High

:24:39.:24:43.

pressure centred over the top of us during tomorrow. Generally a good

:24:43.:24:46.

deal of cloud compared to today. Similar story for Wednesday. There

:24:46.:24:52.

could be a lot of fog and a lot of vehicle pollutants starting to

:24:52.:24:56.

gather under the access of that high pressure area. But think

:24:56.:25:01.

Thursday a better chance of brighter spells. As we get towards

:25:01.:25:04.

Friday, changes underway, but likely to be late in the day as we

:25:04.:25:08.

start to see the Atlantic system making inroads towards us and by

:25:08.:25:12.

Saturday that is when we are likely to see spells of rain. Indeed a

:25:12.:25:15.

similar story for Sunday and possibly into Monday, but likely to

:25:15.:25:21.

turn dry as we focus through the this evening, we have had a fair

:25:21.:25:25.

amount of clear spells. They will fill back up with cloud. Some fog

:25:25.:25:33.

fog starting to form coastly. I don't think it will be as

:25:33.:25:36.

widespread tomorrow morning as we saw this morning. Temperatures 5 or

:25:36.:25:39.

6 Celsius. Tomorrow will start with a good

:25:39.:25:45.

deal of low cloud. The same caveat applies with the coastal fog. Some

:25:45.:25:50.

fog further iland. As we get through the day, the best of the

:25:50.:25:53.

brightness across Exmoor. But less on balance compared to today. But

:25:53.:25:57.

at least light winds, dry, temperatures 12 Celsius or 14

:25:57.:26:01.

Celsius where you get the sunnier spells. So it is a mixed set of

:26:01.:26:11.

Thank you very much, Ian. Now if you like your football,

:26:11.:26:21.
:26:21.:26:21.

don't forget Late Kick-off. Nearly 11,000 people ran in Bath's

:26:21.:26:31.
:26:31.:26:53.

Half Marathon. Congratulations to As it roller coaster of emotions

:26:53.:27:01.

when you run a race like this. I got up at 6am. Apparently there

:27:01.:27:11.
:27:11.:27:26.

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