PAPHOS, Cyprus — A Cyprus courtroom on Friday discovered a British man who killed his ailing spouse of their dwelling responsible of manslaughter, saying that the prosecution didn’t show past cheap doubt that the 76-year-old man dedicated premeditated homicide.
In a unanimous determination, the three-judge bench mentioned that David Hunter’s determination to suffocate his 74-year-old spouse Janice as she was sitting in a recliner in December 2021 was a spur-of-the-moment determination: he snapped as he may now not stand seeing her weeping in ache.
The courtroom accepted witness testimony that Janice feared her blood ailment would grow to be full-blown leukemia and had repeatedly pleaded together with her husband to take her life as a result of she didn’t wish to share the destiny of her sister who died of the illness.
Hunter tried to take his personal life by consuming a considerable amount of tablets after doing one thing “he by no means earlier than thought doable – closing his fingers over his spouse’s mouth and nostril,” the courtroom heard, however medical workers saved his life.
The courtroom cited professional testimony that Janice Hunter suffered from myelodysplastic syndrome, a sort of blood most cancers which “to a big diploma” – as a lot as 45% – may flip into leukemia, though there was no proof that she had certainly developed the illness as a result of no definitive checks had been carried out.
However the courtroom mentioned each husband and spouse believed that Janice would develop it due to her sister’s destiny.
The courtroom additionally accepted that the actions of David Hunter who “cherished his spouse and took care of her even beneath essentially the most tough circumstances with out grievance” had been motivated solely to finish her struggling and that Janice had repeatedly requested him to finish her life.
David Hunter’s earlier assurances to Janice that he would assist her fulfill her want to finish her life and never undergo any extra did not point out any premeditation, the courtroom mentioned.
The courtroom will reconvene Jul. 27 for mitigation pleas earlier than passing sentence. The choice means Hunter avoids a most life sentence {that a} premeditated homicide conviction carries.
Michael Polak from Justice Overseas, a bunch that defends Britons dealing with authorized troubles in overseas international locations, mentioned the ruling permits the courtroom handy down a suspended sentence which might be applicable given the time that Hunter has already spent in custody.
He was detained instantly after his spouse’s loss of life, and has spent the intervening yr and a half in jail, awaiting trial.
“This stays a tragic case. Janice and David had been in a loving relationship for over 50 years and it’s clear that David did what he did out of affection for Janice upon her request,” Polak mentioned in an announcement.
“We strongly consider that no correct objective could be served by David spending any additional time inside Nicosia jail.”
The prosecution mentioned Cypriot authorities did not wish to set a precedent for any husband to kill his spouse and declare after the very fact and with out proof that the killing was accomplished with the spouse’s consent.
State prosecutor Andreas Hadjikyrou advised reporters the Lawyer Common would look at the decision with a view to submitting an attraction.
He mentioned a key level of scrutiny could be about proof the couple had certainly agreed for David Hunter to take his spouse’s life, Hadjikyrou mentioned.