Elderly wife killer sentenced to restriction order

Judge decides prison "would not be able to cope" with man with dementia

News, 5 August 2008

A 74-year-old dementia sufferer who killed his wife was yesterday sentence to a restriction of liberty order.

Lord Matthews, sitting in Glasgow High Court, placed a year long order on Edward Flaherty that he be given an electronic tag and be confined to his home between the hours of 11am and 11pm.

Flaherty was convicted of the culpable homicide of his wife Ina (69) in April 2007 by strangling her with a tie after she refused to give him money to go to his local pub. He went on trial for murder after the Crown refused his plea to culpable homicide, but the jury returned a verdict of the lesser offence.

The court had heard that Flaherty had developed a drink problem and wanted to return to the pub after being out with his wife, but she refused him money. He stated in evidence that he had no memory of the incident. A medical report stated he had claimed he killed his sister because she was cheeky.

Donald MacLeod QC, defending, told the court that a medical report painted a picture of a man in significant mental and physical decline, with a progressive condition that meant he would ultimately require 24-hour care.

Lord Matthews told Flaherty that while his crime would normally attract a prison sentence "in double figures", it was clear from reports before the court that if he was sent to prison he would be released in a very short time because prison would be unable to cope with his condition. Not being able to go to his pub would be a more meaningful restriction on his liberty, and the order would be made to cover normal opening hours.

A spokesman for the Scottish Dementia Working Group said the whole issue of the provision of care for dementia sufferers needed to be looked at in the light of this case, "as there would clearly be issues if he was to be treated in a care home". He thought the restriction of liberty order "certainly not appropriate".

The Scottish Prison Service said it had the facilities to tackle medical conditions including dementia, and had a number of prisoners with the condition.

The Crown will consider whether to appeal against the sentence.