Did dying man dupe court?

Did the family of the cancer patient who won his court battle for assisted suicide keep his death a secret so the court case could be concluded?

That is one of the questions the Health Professions Council of SA wants the Supreme Court of Appeal to consider as it decides whether terminally ill patients can use doctors to end their lives.

Last year cancer patient Robin Stransham-Ford won his legal battle for the right to die - but he died two hours before the ruling.

The council, which wants the ruling struck down, claims in an affidavit that his death was kept quiet so the court case could run its course.

The council had appointed David Cameron to interview Stransham-Ford's treating doctor and examine his medical records.

In an affidavit submitted to the court, Marlise Botha, for the HPCSA, says the medical records showed that Stransham-Ford's pain levels "were only moderate and were being effectively controlled by low doses of morphine".

The council wants the appeals court to hear the new evidence - an unusual move.

Tomorrow the court will hear argument about whether the constitution allows terminally ill patients, who are mentally fit, to ask a doctor to help them die.

The council argues that the high court would never have ruled if Stransham-Ford's death had been disclosed.

Botha says Stransham-Ford's doctor was "very unusually" only notified of his death at 10.50am - after a verdict had been delivered.

But the patient had in fact died more than two hours earlier - at 8.07am.

One of the first things Penelope, Stransham-Ford's ex-wife, said to the doctor after his death, was that the deceased had won his case.

The extra information the council wants introduced into the evidence suggests that Stransham-Ford's "exaggerated predictions and descriptions of the terrible death that awaited him if he was not afforded medical assistance in taking his life were largely inaccurate" and that the court had been misled.

Stransham-Ford told the court his constitutional right to die with dignity was denied because he could not choose to end his life.

He did not like being in pain or sedated by morphine.

The affidavit, which includes doctor's notes, suggests his symptoms were not as severe and undignified as he made them out to be, in order to sway the judge.

His doctor's notes, ordered for release by the court, showed he had moderate pain and low levels of morphine were used to control it.

Stransham-Ford's doctor visited him whenever he was nauseous or had difficulties with his catheter.

The affidavit suggests one of the treatments he agreed to which was used to administer pain medicine could have prolonged his life by a few days.

The affidavit also says he wasn't entirely set on euthanasia.

Doctor's notes show he asked his treating doctor - "if he had to go through with his quest".