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Mother cleared in ME death trial Mother cleared in ME death trial
(30 minutes later)
A mother has been found not guilty of the attempted murder of her severely ill daughter who had ME.A mother has been found not guilty of the attempted murder of her severely ill daughter who had ME.
Bridget Kathleen Gilderdale, 55, of Stonegate, East Sussex, was cleared of attempting to murder Lynn Gilderdale by jurors at Lewes Crown Court.Bridget Kathleen Gilderdale, 55, of Stonegate, East Sussex, was cleared of attempting to murder Lynn Gilderdale by jurors at Lewes Crown Court.
Gilderdale had previously admitted aiding and abetting the suicide of her 31-year-old daughter and was given a 12-month conditional discharge.Gilderdale had previously admitted aiding and abetting the suicide of her 31-year-old daughter and was given a 12-month conditional discharge.
Miss Gilderdale was found dead at their home on 4 December.Miss Gilderdale was found dead at their home on 4 December.
The court heard how she had battled with ME, which causes long-term, and in some cases debilitating, tiredness, for 17 years.The court heard how she had battled with ME, which causes long-term, and in some cases debilitating, tiredness, for 17 years.
'Caring mother''Caring mother'
After the jury had delivered its verdict, Mr Justice Bean said: "I do not normally comment on the verdicts of juries but in this case their decision, if I may say so, shows common sense, decency and humanity which makes jury trials so important in a case of this kind.After the jury had delivered its verdict, Mr Justice Bean said: "I do not normally comment on the verdicts of juries but in this case their decision, if I may say so, shows common sense, decency and humanity which makes jury trials so important in a case of this kind.
"There is no dispute that you were a caring and loving mother and that you considered that you were acting in the best interests of your daughter.""There is no dispute that you were a caring and loving mother and that you considered that you were acting in the best interests of your daughter."
Earlier prosecutor Sally Howes was asked by Mr Justice Bean "why it was considered to be in the public interest" to pursue Gilderdale on the attempted murder charge when she had pleaded guilty to aiding and abetting suicide.Earlier prosecutor Sally Howes was asked by Mr Justice Bean "why it was considered to be in the public interest" to pursue Gilderdale on the attempted murder charge when she had pleaded guilty to aiding and abetting suicide.
AT THE SCENE Bryony Mackenzie, BBC South East, Lewes ANALYSIS Ben Ando, BBC crime reporter
As the not guilty verdict was read out close friends and family of Bridget Gilderdale shouted "Yes" and cheered. A slight figure with auburn, medium-length hair, spectacles and in plain, dark clothing, there was nothing remarkable about middle-aged divorcee Bridget Kathleen Gilderdale until she took her place in the dock in Lewes Crown Court.
Gilderdale, known as Kay, smiled and said: "Thank you, thank you". Gilderdale, who is known as Kay, had listened intently to the legal argument and evidence during the 10 days of her trial though, as is her right, she had declined to enter the witness box herself and give evidence in her own defence.
The judge then turned to the jury and said: "I do not normally comment on the verdicts of juries but in this case their decision shows common sense, decency and humanity." After hearing both prosecution and defence agree that she was a devoted, loving mother who had shown unstinting care for her daughter over 17 years, the jury was quick to return a verdict of not guilty of attempted murder.
The judge then told Gilderdale: "Your daughter was intelligent and capable of making her own decisions. She had made a living will and contemplated suicide. Another count, of aiding and abetting suicide, had been admitted by Gilderdale and for this she received a 12-month conditional discharge, among the most lenient sentences the judge could impose.
"You and your husband Richard, respected her for it but did not encourage her. You only took any further action when you were concerned she would suffer."
Ms Howes said the prosecution decided at "the highest level" to try Gilderdale after she told her GP and police she had given her daughter an air embolism with the intent to end her life.Ms Howes said the prosecution decided at "the highest level" to try Gilderdale after she told her GP and police she had given her daughter an air embolism with the intent to end her life.
Because a post-mortem examination found that Miss Gilderdale had died of a morphine overdose, her mother was not charged with murder but with attempted murder.Because a post-mortem examination found that Miss Gilderdale had died of a morphine overdose, her mother was not charged with murder but with attempted murder.
Following the trial Gilderdale's son, Steve, read out a statement on the steps of the court flanked by his mother and father, which praised the verdict.Following the trial Gilderdale's son, Steve, read out a statement on the steps of the court flanked by his mother and father, which praised the verdict.
He said: "We believe this not guilty verdict properly reflects the selfless actions my mother took on finding that Lynn had decided to take her own life, to make her daughter's final moments as peaceful and painless as possible.He said: "We believe this not guilty verdict properly reflects the selfless actions my mother took on finding that Lynn had decided to take her own life, to make her daughter's final moments as peaceful and painless as possible.
"These actions exhibit the same qualities of dedication, love and care that mum demonstrated throughout the 17 years of Lynn's illness."These actions exhibit the same qualities of dedication, love and care that mum demonstrated throughout the 17 years of Lynn's illness.
"I'm very proud of her and I hope she will be afforded the peace that she deserves to rebuild her life and finally grieve for the death of her daughter.""I'm very proud of her and I hope she will be afforded the peace that she deserves to rebuild her life and finally grieve for the death of her daughter."
Jurors were told that after Miss Gilderdale made a failed suicide bid her mother crushed up pills with a pestle and mortar and fed them to her through her nasal tube, handed her morphine and injected three syringes of air into her vein.Jurors were told that after Miss Gilderdale made a failed suicide bid her mother crushed up pills with a pestle and mortar and fed them to her through her nasal tube, handed her morphine and injected three syringes of air into her vein.
Lynn Gilderdale developed ME at the age of 14Lynn Gilderdale developed ME at the age of 14
The court was told the 55-year-old tried to stop her daughter ending her life but backed down after she told her: "I want the pain to go."The court was told the 55-year-old tried to stop her daughter ending her life but backed down after she told her: "I want the pain to go."
Jurors heard she was a loving and devoted mother who gave round-the-clock care during Miss Gilderdale's battle with ME.Jurors heard she was a loving and devoted mother who gave round-the-clock care during Miss Gilderdale's battle with ME.
After developing the illness at the age of 14, Miss Gilderdale became paralysed and unable to swallow so she had to be fed through a tube and communicated with her parents through a form of sign language.After developing the illness at the age of 14, Miss Gilderdale became paralysed and unable to swallow so she had to be fed through a tube and communicated with her parents through a form of sign language.
The court was told she had attempted suicide in the past, placed a Do Not Resuscitate note on her medical records and had thought about ending her life at Swiss-based assisted suicide clinic Dignitas.The court was told she had attempted suicide in the past, placed a Do Not Resuscitate note on her medical records and had thought about ending her life at Swiss-based assisted suicide clinic Dignitas.
Mr Justice Bean asked prosecutor Sally Howes "why it was considered to be in the public interest" to pursue Gilderdale on the attempted murder charge when she had pleaded guilty to aiding and abetting suicide.Mr Justice Bean asked prosecutor Sally Howes "why it was considered to be in the public interest" to pursue Gilderdale on the attempted murder charge when she had pleaded guilty to aiding and abetting suicide.
There is no sense of success or failure in this case, but we are satisfied that our role in the justice process has been fulfilled Det Supt Andy GriffithsThere is no sense of success or failure in this case, but we are satisfied that our role in the justice process has been fulfilled Det Supt Andy Griffiths
Sarah Wootton, chief executive of charity Dignity in Dying, said the law made little distinction between the act of murder, euthanasia, assisted dying and assisted suicide.Sarah Wootton, chief executive of charity Dignity in Dying, said the law made little distinction between the act of murder, euthanasia, assisted dying and assisted suicide.
She added: "Given that Lynn Gilderdale was mentally competent, made persistent requests to die and had an Advance Decision stating that she did not want to be kept alive, it seems that [Bridget] Kay Gilderdale's actions should have been investigated under the Suicide Act, rather than under murder law.She added: "Given that Lynn Gilderdale was mentally competent, made persistent requests to die and had an Advance Decision stating that she did not want to be kept alive, it seems that [Bridget] Kay Gilderdale's actions should have been investigated under the Suicide Act, rather than under murder law.
"Ultimately, the government needs to review the law in this area, as this case highlights at present the law is a mess.""Ultimately, the government needs to review the law in this area, as this case highlights at present the law is a mess."
Sussex Police Det Supt Andy Griffiths said: "This has been a tragic and desperately sad case for all concerned and our thoughts are with Lynn's family and friends at this time."Sussex Police Det Supt Andy Griffiths said: "This has been a tragic and desperately sad case for all concerned and our thoughts are with Lynn's family and friends at this time."
He added: "The moral issues surrounding the tragic circumstances of Lynn's death are not for us to comment on. Sussex Police has a duty to uphold the law and investigate offences reported to us.He added: "The moral issues surrounding the tragic circumstances of Lynn's death are not for us to comment on. Sussex Police has a duty to uphold the law and investigate offences reported to us.
"There is no sense of success or failure in this case, but we are satisfied that our role in the justice process has been fulfilled.""There is no sense of success or failure in this case, but we are satisfied that our role in the justice process has been fulfilled."