A SCOTTISH Court rubber-stamped a man's decision to end his legal campaign to prevent his estranged wife from aborting their 14-week-old foetus yesterday. The termination already had been agreed on medical grounds.
Although Mr James Kelly's lawyers stated they were unable to disclose his reasons for abandoning his appeal to the House of Lords, it is understood he was concerned it would affect his divorce proceedings, in particular, access to his 18-month daughter, Hazel.
"What this means is that the question of whether or not she does have a termination will be a matter for Mrs Kelly. She can proceed with that as she likes," his solicitor said.
Ms Lynne Kelly (21) had indicated at the weekend she was prepared to have the child if the legal campaign continued. Her solicitor, Ms Beverley Johnson, said her client was delighted by Mr Kelly's decision.
"She was really very pleased that the action is now over and she is now able to make a choice whether or not she is able to proceed with the pregnancy. You can only imagine how difficult it has been for her emotionally and physically," she added.
After the two-minute hearing, Ms Kelly's uncle, Mr Willie Falconer, said the family was "definitely relieved", but would not state whether his niece would now have an abortion.
Speaking shortly before he dropped his campaign, Mr Kelly (28) said he still hoped his estranged wife would have the child and insisted he did not regret launching his legal action.
"I never meant to subject her to any of this. But it was something that had to be done. I don't regret it. I have lost everything, but I don't regret anything at all," he stated.
Earlier, a Scottish tabloid revealed that Mr Kelly is also the father of a three-year-old girl, whom it is alleged he has not seen for nine months and for whom he refuses to pay £2 a week maintenance.
Ms Kelly cited this as proof that his campaign was an attempt to hurt her rather than prevent the abortion.
Cardinal Thomas Winning, leader of the Scottish Roman Catholic Church, said he regretted Mr Kelly's decision to end his campaign and called for a change in the law, arguing that the current legislation effectively allowed abortions on demand.
Under existing law, a woman is only allowed an abortion after two doctors independently agree that a termination is advisable on medical grounds, and it was that which made possible the legal case against her.
"I deeply regret that the death sentence imposed on the baby of James and Lynne Kelly now seems likely to be carried out. If James Kelly drops his case at this point, all that will have been proved is that as the law stands, a baby can be aborted for the most trivial of reasons, such as parental disagreement or career problems," Cardinal Winning said.
The Kellys, who were married in 1995, had a tempestuous relationship. Mr Kelly has been convicted of assaulting his wife, and, amid allegations of further violence, they separated a month ago.