Husband cleared of wife’s murder
A DEVOTED husband who smothered his ill wife with a pillow has been cleared of murdering her.
Ian Gordon, 67, has admitted killing his wife Patricia, 63, while suffering from diminished responsibility, which was accepted.
Prosecutor Iain McSporran, QC, withdrew the charge of murder against Gordon at the High Court in Glasgow on the third day of the trial.
Jurors heard that “but for” the evidence of the couple’s daughter Gail Whyte the murder trial would have continued.
Gordon killed his terminally ill wife Patricia at their home in Troon on April 28 last year by putting a pillow over her face.
On Thursday, Mrs Whyte, 46, had told the trial at the High Court in Glasgow of the long-standing ailments her mother suffered, her complete fear of hospitals and the incredible devotion her father had for her, and said she fully supports his actions.
In court yesterday, defence counsel Gordon Jackson, QC, re-tendered the plea to the lesser charge of culpable homicide.
Prosecutor Mr McSporran told the court: “The plea of guilty to culpable homicide on the basis the accused was suffering diminished responsibility at the time of the act of the killing is now acceptable to the Crown.”
He explained to jurors that after reading both defence and Crown psychiatric reports on Gordon before the trial he was of the view murder was the appropriate charge.
Mr McSporran added: “During the course of the evidence given yesterday by the daughter of the accused and deceased I formed the view there was now in evidence
a factual basis upon which I could and should review the position.
“I pause to say it might be rare to see such a plainly credible and very moving account given in evidence.
“But there were parts of that lady’s evidence that caused me to consider whether there was now in the evidence factual basis upon which reconsidering the defence psychiatric report it would be possible to conclude, on the balance of probabilities, the previous defence of diminished responsibility as made out.
“Having considered the matter with considerable care and consulted with the Lord Advocate, I have come to the view that is the appropriate method of proceeding
“It was not until that evidence was heard by me I was in a position to take that decision.
“I think it right say that but for the evidence of that witness the Crown would
have continued with this trial on a charge of murder.”
Mrs Whyte had told how her father gave up work in 2015 to look after her mother.
She described her mother as being “convinced” she had lung cancer but not wanting to be diagnosed, or treated for the disease.
She added her mother had a history of anxiety and depression and a deep-rooted fear of hospitals.
She added: “He had nothing whatsoever to gain by doing that and absolutely everything to lose.
“They were together nearly 50 years.”
She said she loves her father “beyond measure” and completely supports him.
Mrs Whyte told jurors he phoned her in the early hours of the morning and said her mother was “away”.
Mrs Whyte said the day before her mother’s death she visited her mother after work. Prosecutor Iain McSporran, QC, asked: “How was she?”
Mrs Whyte said: “She was screaming and moaning. She was clearly in excruciating pain. I was really alarmed because I hadn’t gleaned that degree of pain from my dad earlier in the day.”
Gordon was re-bailed for sentencing.
He had absolutely everything to lose by doing that