A judge has told a Glasgow pensioner that stopping him going to the pub was a "more m

[Les Biehn]

I Don't even know what to make of this;

A judge has told a Glasgow pensioner that stopping him going to the pub was a "more meaningful" sentence than a prison term for killing his wife.

Edward Flaherty, 74, was convicted of strangling 69-year-old Ina Flaherty 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 imposed a year-long restriction of liberty order which will keep him inside his home during opening hours.

The pensioner will be tagged and banned from leaving his home in the city's Drygate area between 1100 and 2300 BST after being found guilty of culpable homicide.

At the High Court in Glasgow, Lord Matthews told Flaherty that under normal circumstances he would have been given a prison sentence in double figures.

He said: "I have read and considered a number of reports from experts. 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.

The report prepared for the court paints a picture of a man in significant physical and mental decline

Donald MacLeod
Defence QC
"Sentencing you would just be a token gesture. I am anxious to impose a sentence that restricts your liberty.

"You still go to the pub where you went with your wife. That must annoy her relatives.

"Not being able to go there will be a more meaningful disposal than a prison sentence which will not last long."

During the trial the jury heard that Flaherty said he had no recollection of the moment he throttled his wife of 52 years in April last year.

When asked who killed her, he said: "It must have been me. There are no ghosts running about the house who would have done that."

Defence QC Donald MacLeod said: "The report prepared for the court paints a picture of a man in significant physical and mental decline.

"There is a clear diagnosis of dementia setting in. It is a progressive condition and ultimately he will need 24-hour care.

"I am deeply conscious there has been a death here, but this man is very unwell.

"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."

 

[Brighton till i die]

this country is going to SHIT rapidly

 

[Les Biehn]

The thing is it sounds like the guy is pretty far gone in terms of a deteriorated mental state and will soon be in a home. However murder is murder and I'm not sure a years 'curfew' is really the right response. Plus this sentence struck me as particularly insensitive;

You still go to the pub where you went with your wife. That must annoy her relatives.

Annoy?!? f*** me, I reckon they will be more than annoyed. I get annoyed when I can find a clean pair of pants or people wander around not looking where they are going.I reckon if someone killed a relative I would be f***ing furious, upset and deeply bitter, not just annoyed because they came into the same pub as me.

 

[Skint Gull]

How can that be a sentance. I'm not for sending a demented pensioner to prison but surely there's some proper mental hospitals that he can be sent to?

 

[Da Man Clay]

this country is going to SHIT rapidly

Different set of laws up there I believe, wouldn't happen in this country. He'd be off to a mental hospital to spend the rest of his days I would have though.

 

[clippedgull]

Sad case.

The judge was right though. Prison is not the place, but as someone said earlier, he should be getting proper hospital care.

 

[Les Biehn]

I think a Logan's Run policy should be introduced except people should be exterminated at 60.

 

[Chester Drawers]

Just as well the pubs are open 24 hours a day then ... he can have a lie in!

 

[blackprince]

How can someone who suffers from dementia seriously enough to keep them out of prison be expected to follow the restrictions placed on them by a tagging order. Is there going to be some form of supervision on a daily basis to ensure that the gent does as he is supposed to.

 

[surrey jim]

Just as well the pubs are open 24 hours a day then ... he can have a lie in!

i was thinking that, if pubs are open 24hours when can he go out??

 

[blackprince]

The bare Licensing hours in Scotland are from 11am to 11pm Monday to Saturday and Sundays 12.30pm to 2.30pm and 6.30pm to 11pm. Pubs and clubs can extend the times they are open by applying for a "Regular Extension". It is upto the various coucils granting these extensions what hours they cover.

 

[BensGrandad]

Obviously Scotland is different to England where there is only 1 sentence that can be given if found guilty of murder and that is life imprisonment in either a prison or mental institution.

 

[jmsc]

I think a Logan's Run policy should be introduced except people should be exterminated at 60.

I really hope that you're joking with that offensive comment!

 

[7:18]

I really hope that you're joking with that offensive comment!

If he's not, i think he should be exterminated

 

[Bevendean Hillbilly]

Obviously the Judge has reviewed the reports and believes that sentencing him to a life ban at his local is more of a punishment than sending this demented old alcoholic to prison..I wonder how come the Landlord didn't bar him anyway after he murdered another of his customers whose relatives also use the same boozer?

All sound bloody depressing in the drygate area of glasgow anyway, probably worse than nick.

 

[Les Biehn]

I really hope that you're joking with that offensive comment!

No, I honestly believe that all people over 60 should be exterminated. Including my granparents and in 7 years time my parents. :thud:

 

[Chester Drawers]

i was thinking that, if pubs are open 24hours when can he go out??

Anytime outside of 1100 -2300 bst

 

[Lady Whistledown]

I hope its not the same type of dementia that Ernest Saunders(?) had.

During his trial, his defence lawyers played on his dementia to get a more lenient sentence, and he got himself released from prison, if I remember correctly, as he wasn't considered fit to be detained.

Once released, all his dementia symptoms disappeared, and he made a miraculous recovery, who'da thought it, eh?