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Pensioner cleared of ‘mercy killing’ murder of terminally-ill husband

Dennis Eccleston died while holding his wife’s hand

Harriet Williamson
Wednesday 18 September 2019 19:47 BST
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81-year-old woman cleared of husband mercy killing

A pensioner has been cleared of the “mercy killing” murder of her terminally ill husband, who died after they both took an overdose last year.

Mavis Eccleston was also acquitted of the manslaughter of 81-year-old Dennis Eccleston after telling jurors they were both of sound mind, and had agreed to take medication to end their own lives together.

Prosecutors had alleged that Mr Eccleston, who was in the “end stages” of bowel cancer, was unaware that he was taking a potentially lethal overdose and that his wife later made admissions to two mental health nurses.

But the 80-year-old was unanimously cleared of murder and an alternative charge of manslaughter following a two-week trial at Stafford Crown Court.

Mr Eccleston had previously talked about travelling to Switzerland to end his life on his own terms. His wife told the jury last week that her husband had kissed her hand in thanks after she agreed to “go with his wishes” to die.

Describing how the pair agreed to take their own lives at their home in Huntington, Staffordshire, the pensioner told the court that Mr Eccleston “knew full well” what medication they were taking and administered his overdose himself.

Ms Eccleston was given an antidote in hospital for the drugs she had taken in the early hours of 19 February 2018.

The pensioner told the jury she had fetched medication from a nearby cupboard at her husband’s request, adding: “It was an understanding between us. He had to tell me what I had got to do.”

Answering questions from defence barrister Mark Heywood QC, the defendant added that she had written a note saying the couple had decided to take their own lives, to explain their actions to their children.

“The next thing I knew I was in hospital,” she told the court.

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Jurors took around four hours to reach their not guilty verdicts after hearing claims that the prosecution of Ms Eccleston was based on “throwaway remarks” between her and two nurses.

During a closing speech to the jury, defence barrister Mark Heywood QC said Ms Eccleston immediately disputed what the nurses alleged she had said.

The barrister also submitted that it was a “fantasy” to suggest Mr Eccleston would not have asked his wife what medication he was taking.

Ms Eccleston was arrested on 21 February, a day after her husband passed away while she held his hand in hospital.

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