A former mayor of Winchester has been cleared of attempting to murder his terminally ill mother as his case is thrown out.
David McLean was on trial at Winchester Crown Court charged with the attempted murder of 92-year-old Margaret McLean at her home in Waltham Chase, Hampshire, in the early hours of October 7 2022.
But after legal discussions, the judge, Mrs Justice McGowan, told the jury: “Having heard all of the evidence in the case and, in particular, the evidence of the psychiatrist … I have taken the view that there is not enough evidence for you to decide the case.”
Prosecutors had accused the 72-year-old of smothering Mrs McLean with a cushion because he “could not stand to watch her suffering”.
No, I am not alright, my mother is dead
David McLean to police officers
Mrs McLean was undergoing end-of-life care and medics thought she was about to die, jurors were told.
The trial had been shown body-worn video filmed by a firearms officer called to the house because the death had been reported as a murder after McLean had told an NHS 111 operator that he had killed his mother.
McLean, of Morley Drive, Bishop’s Waltham, was shown on the footage confirming his name and when asked if he was alright, he replied: “No, I am not alright, my mother is dead.”
Mrs Justice McGowan threw out the case having heard the evidence of the prosecution’s psychiatrist.
The judge previously told jurors: “It is pure coincidence that there is a debate in the House of Commons on assisted dying and assisted suicide.
“This is not what this case is about and this will have no impact on this case at all.”
