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04/08/2008
Pensioner Banned From Pub For Murdering Wife
A 74-year-old man has been spared jail for killing his wife of more than 50 years.
Edward Flaherty was convicted of strangling Ina, 69 with a tie after she refused to give him money to go out drinking.
Lord Matthews said Flaherty's dementia made him "unsuited" to prison.
He has imposed a year-long restriction order – meaning he will be tagged – to stop him going to the pub.
Flaherty was originally charged with murdering his wife at their home in Gibson Heights, Drygate, Glasgow on April 2, last year.
A jury convicted him of a reduced charge of culpable homicide.
He will be banned from leaving his home between 11am and 11pm after being found guilty of culpable homicide.
Lord Matthews told Flaherty that under normal circumstances he would have been given a prison sentence in double figures.
"It is plain to me that if I were to impose that sort of sentence you would be released in a very short time because prison would not be able to cope with your condition.
"Sentencing you would just be a token gesture. I am anxious to impose a sentence that restricts your liberty," he said.
Flaherty, who suffers from dementia, said he had "no recollection" of killing his wife in April last year.
Defence QC Donald MacLeod said that Flaherty was a "man in significant physical and mental decline".
"He was always willing to plead guilty to culpable homicide, but this was flatly rejected by the Crown and that is why a trial was necessary.
"I am deeply conscious that there has been a death here, but this man is very unwell," he said.
It is understood that Flaherty, who has had three heart attacks, couldn't even remember who the Prime Minister was.
The court heard that he and Ina had a "strong and firm" marriage.
(DS)
Edward Flaherty was convicted of strangling Ina, 69 with a tie after she refused to give him money to go out drinking.
Lord Matthews said Flaherty's dementia made him "unsuited" to prison.
He has imposed a year-long restriction order – meaning he will be tagged – to stop him going to the pub.
Flaherty was originally charged with murdering his wife at their home in Gibson Heights, Drygate, Glasgow on April 2, last year.
A jury convicted him of a reduced charge of culpable homicide.
He will be banned from leaving his home between 11am and 11pm after being found guilty of culpable homicide.
Lord Matthews told Flaherty that under normal circumstances he would have been given a prison sentence in double figures.
"It is plain to me that if I were to impose that sort of sentence you would be released in a very short time because prison would not be able to cope with your condition.
"Sentencing you would just be a token gesture. I am anxious to impose a sentence that restricts your liberty," he said.
Flaherty, who suffers from dementia, said he had "no recollection" of killing his wife in April last year.
Defence QC Donald MacLeod said that Flaherty was a "man in significant physical and mental decline".
"He was always willing to plead guilty to culpable homicide, but this was flatly rejected by the Crown and that is why a trial was necessary.
"I am deeply conscious that there has been a death here, but this man is very unwell," he said.
It is understood that Flaherty, who has had three heart attacks, couldn't even remember who the Prime Minister was.
The court heard that he and Ina had a "strong and firm" marriage.
(DS)
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