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Alfie Evans: Appeal court hearing 'extraordinary and tragic'

Sky's Dan Whitehead speaks of the emotional pleas heard in court and how those involved were acutely aware of time passing by.

Alfie Evans, who has been at the centre of a life-support battle
Image: Alfie Evans, who has been at the centre of a life-support battle
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Inside court 63 at the Royal Courts of Justice on Wednesday was an extraordinary and tragic appeal hearing - where the emotion and urgency and of this case was palpable.

Alfie Evans' parents were not present in court, instead they were at his bedside in Liverpool spending precious moments with their son.

Efforts were made to set up a telephone link to Alfie's father Tom Evans so he could listen in to proceedings which may ultimately decide the fate of his child's life - but, regrettably according to Lord Justice McFarlane, technical issues prevented this being possible.

Tom Evans and Kate James leave the High Court
Image: Tom Evans and Kate James chose to spend time with Alfie instead of attending court

In the first revelation of this hearing, news that mother Kate and father Tom were being represented by separate legal teams, both bringing different appeals which were ultimately rejected.

::Timeline: The fight to keep Alfie Evans alive
:: Court rejects Alfie Evans appeal as hospital trust speaks of staff being 'abused'

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High court rules terminally ill Alfie Evans will not travel to Italy

Everybody in the courtroom - from the three judges to the legal teams for both parents and the hospital and the dozens of journalists - were acutely aware just how time sensitive this hearing was.

As we have seen in previous cases of a similar nature, the fact we were in court hearing this appeal was a result of a breakdown in relations between this little boy's parents and the hospital which was so focused on doing what was in his best interests.

More on Alfie Evans

What would usually be a purely medical decision was now in the hands of the judges.

The medical advice, scans, expertise and diagnosis was not being contested however - instead the right to allow Alfie to go abroad, specifically Italy.

Alfie Evans cuddling his mother Kate James at Alder Hey Hospital
Image: Alfie Evans cuddling his mother Kate James at Alder Hey Hospital

Also in court, a representative of the Italian Embassy in London.

A reminder that a "military grade" aircraft with Italy's top surgeons on board was standing by at the order of the Pope which lawyers said "could leave tonight".

After hours of legal arguments, Paul Diamond, barrister for Mr Evans made an emotional plea to the judges.

"Let's not let him (Alfie) starve in a hospital ward... what kind of country are we becoming?" he asked.

"Get out of your judicial straight jacket," he added.

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'Alfie's been breathing for nine hours now'

But ultimately the application to appeal was not to be.

Lord Justice McFarlane concluded: "This is awful for everyone concerned. We are in the middle of a palliative care plan at Alder Hey Hospital. I can see no basis that judgement was wrong."

Before the case was heard, a solicitor for Alfie's parents told me they would look to try to appeal a rejection at the Supreme Court and the European Court of Human Rights.

Neither the parents - or anyone - know how much time they have left to do that.