Son tried to help mother, manslaughter trial hears

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Stewart Irwin is on trial for manslaughter at Carlisle Crown Court

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A son accused of manslaughter told a psychologist he "tried to help" his mother as she lay face down on a bathroom floor "for two weeks" before her death but she refused, a court heard.

Stewart Irwin, 56, from Carlisle, is on trial at the city's crown court and denies the gross negligence manslaughter of 74-year-old Veronica Irwin, in July 2023.

She died within hours of her son calling an ambulance from their Rydal Street flat - where he said she had "repeatedly refused" help.

On day two of the trial the jury heard evidence from consultant clinical psychologist Dr Nicholas Todd, who said Irwin told him he feared he would be "chucked out" of the flat by his mother if he called for assistance.

Irwin told a call handler his mother had lain where she fell, on a tiled bathroom floor inside the two-bedroom flat at where they both lived.

Paramedics found Veronica Irwin unconscious, semi-naked and malnourished, covered in pressure sores and blisters.

Flesh on her right side was rotting away, and parts of her body were infested with maggots.

Medics initially thought she was dead but she was "barely" alive, and died later in hospital from a combination of hypothermia and sepsis.

Duty of care

The prosecution said Irwin "owed his mother a duty of care" and alleged he was guilty of manslaughter because he failed to get help for her sooner.

Todd carried out a face-to-face assessment of Irwin which lasted two to three hours, and undertook tests to evaluate his ability to function intellectually.

He concluded that Irwin's IQ was "low average" with the majority of the population within the "average" bracket, with "low average" being the second most common.

He said there was no evidence of clinically significant autism and when prosecutor Phil Barnes KC asked if there was any evidence to suggest Irwin lacked decision-making capacity at all, he replied "no".

Refused help

During cross-examination by Andrew Ford KC, Todd said he and Irwin had discussed his relationship with his mother.

He said Irwin described her having "mood swings", showing dominating behaviour and being physically aggressive to him as an adult.

She also brought up incidents from the past which he found "emotionally difficult".

Todd said Irwin told him his mother had fallen and she had repeatedly refused help.

Irwin said his mother would not allow him to use a phone to call for assistance and he called for help when he could barely feel a pulse and she would no longer able to refuse.

When Ford asked whether Veronica Irwin expressed that she would kick her son out if he defied her wishes, Todd replied "yes" and she had done so previously when she had been drinking.

During re-examination by prosecutor Barnes, Todd said his conclusion was that Irwin was capable of understanding his mother's condition might have been deteriorating and would also have been able to understand the options available to him at that time.

He said Irwin would have understood the concept of going against his mother's wishes and of somebody's life being in danger.

The trial continues.

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