- 3 months ago
(3 parts, HD) Alice Atha died at 73. A post mortem examination revealed signs of emaciation and tuberculous meningitis. Her daughter Grace Barber and son-in-law Harry Barber are accused of her manslaughter through neglect. They allege that the couple were indifferent to her welfare, leading to her starvation which triggered the meningitis for which they failed to seek medical help. The Barbers deny the charges. The Defence case is that she chose not to eat despite their best efforts and that - while lethargic and weak - she did not display signs of significant illness before her death.
Starring Michael Jayston, Gwen Watford, David Daker, Rachel Herbert, Rosemary Martin, Sebastian Shaw, John Tallents, Raad Ravi. Directed by Sarah Harding.
Starring Michael Jayston, Gwen Watford, David Daker, Rachel Herbert, Rosemary Martin, Sebastian Shaw, John Tallents, Raad Ravi. Directed by Sarah Harding.
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Short filmTranscript
00:00:00the case you're about to see is fiction but the procedure is legally accurate the
00:00:18characters are played by actors but the jury is selected from members of the
00:00:22general public my lord and members of the jury the accused Harold and Grace Barber are charged
00:00:31with a manslaughter by neglect of mrs. Barber's mother mrs. Alice Ather at the new in public house
00:00:37in Lampsford on the 1st of October last year three months after she'd moved into the care of the
00:00:43defendants mrs. Ather aged 73 was discovered dead in an upstairs bedroom she was in a starved and
00:00:50emaciated state and had died from tuberculosis of the meninges which are the membranes around the
00:00:57brain are you Dr. Roger Cordery and is your practice at 5 Megs Lane Fulchester that's right
00:01:03how long have you been in general medical practice please 12 years oh may Dr. Cordery refer to his
00:01:09notes my lord did you attend mrs. Alice Ather the deceased yes from the 5th of January last year
00:01:16she was staying with her daughter mrs. Shepherd I'm GP to both of them she had mild arthritis in
00:01:22the ankle and knee joints I prescribed indescent to be taken three times a day it's a pain-killing
00:01:27drug which comes in capsule form I also recommended that mrs. Ather be placed on a high calorie high
00:01:33protein diet could she walk unaided oh yes degree of arthritis wasn't that great well thereafter how
00:01:39often did you see mrs. Ather once a month for a repeat prescription and generally to see how she was
00:01:44feeling the pain certainly eased I kept her on indescent did you visit her at home yes she took
00:01:51to staying in bed more she was an old lady who liked to pretend she was worse than she was in order to
00:01:57receive attention I gathered that her daughter did a lot of running around for her how did you know
00:02:02this from talking to her daughter mrs. Shepherd old mrs. Ather would frequently tell me that she was
00:02:07incapable of getting out of bed and walking some elderly people do like to play on their illnesses to get
00:02:13attention what was her state of mind like it tended to wander she wasn't senile did you form an
00:02:19opinion as to whether she was eating or not yes I got the impression she wasn't eating properly she
00:02:25liked cakes and biscuits bread and butter chocolates things like that old ladies quite often don't know
00:02:32what's good for them hence the diet I recommended was mrs. Ather's future care ever discussed yes mrs.
00:02:38Shepherd spoke to me about putting her in a home she asked your advice yes but mrs. Ather refused to go in
00:02:44fact on a few occasions when I spoke to mrs. Ather she was very upset by the thought in the end there
00:02:49was very little advice I could give it was more of a domestic problem than a medical one when did you
00:02:55last see mrs. Ather as a patient on the 28th of June was her health reasonable there was little sign of any
00:03:02deterioration except that she was staying in bed far more what would her weight have been at that time
00:03:09I'd have to guess I'd say between eight and nine stone which was healthy why did you cease
00:03:15attending to her because she left the district mrs. Shepherd told me that she'd moved away to live
00:03:20with her other daughter in Lampsford thank you Dr. Cordray Dr. Cordray how would you describe mrs.
00:03:28Ather's build she was thin and this high calorie high protein diets that you put her on what was
00:03:36the purpose of that it was to build her up also I suggested the diet because her general health might
00:03:42have suffered through her inability to take proper exercise yes you say you were under the impression that
00:03:46her eating habits were poor yes yes did you feel that she was undernourished while living with mrs.
00:03:53Shepherd I suspected she was eating the wrong things I simply put her on a more beneficial diet
00:03:58well what happens normally when one eats the wrong things over a prolonged period one
00:04:04one simply doesn't get enough proper nourishment that is so
00:04:08yes did you ever examine mrs. Ather fully I gave her a check-up her blood pressure seemed a little
00:04:17low but on the whole she seemed fit her heart was very sad did she appear to have been an active
00:04:23person yes she'd enjoyed old time dancing in the past I got the impression from mrs. Ather that she'd
00:04:30led quite an active life up until the death of her husband and before the onset of the arthritis
00:04:34she'd always enjoyed going shopping on her own that sort of thing was she depressed I think she
00:04:40could have been you think she could have been yes I suggest you Dr. Cordray that an old lady who
00:04:48has been active and who obviously enjoys activity who suddenly finds herself afflicted with arthritic pain
00:04:54and who hears suggestions that her daughter is thinking of putting her in a home I suggest to you that
00:04:59that that old that old lady might become very depressed indeed I would agree I also suggest
00:05:04that that is why she spent more and more time in her bed because she was depressed that is possible
00:05:10would you say that mrs. Shepherd was under a strain looking after her mother yes and were you aware
00:05:16of mrs. Ather's other daughter mrs. Barber was anything ever said about her yes I knew there was another
00:05:22daughter from conversations with mrs. Shepherd I gathered that she was unwilling to take a share of
00:05:26looking after mrs. Ather and is that why mrs. Shepherd resorted to thinking of a home for her mother
00:05:31yes yes you say that you ceased attending to mrs. Ather because she moved out of the district that's
00:05:38right did mrs. Shepherd ever tell you the circumstances under which she got her sister
00:05:42to take care of her mother yes she said she'd driven her mother to her sister's and left her there
00:05:48that her sister was now responsible for her care and did you subsequently inquire about mrs. Ather's
00:05:53health no I didn't see mrs. Shepherd to inquire you just forgot about mrs. Ather she was no longer
00:06:01my patient are you dr. Stephen little yes and where is your practice please 15 the high street
00:06:08lampsford are you the gp to harold and grace barber the accused well I've attended mrs. Barber not mr.
00:06:14Barber they've only lived in the village a few months was this ever at the new inn where they live
00:06:19uh no at the surgery did mrs. Barber ever mention to you that she was looking after her mother she
00:06:24did did she ever mention the circumstances in which she'd taken responsibility for her mother my
00:06:28lord it has not yet been established that my client did willingly take responsibility miss miles your
00:06:34client permitted her mother to live at her address by so doing she assumed the burden of responsibility
00:06:42but not willingly my lord a learned counsel did not say willingly and if he had done it wouldn't make
00:06:51the slightest difference the way I see it I'll repeat my question did mrs. Barber ever mention the
00:06:58circumstances in which she'd taken responsibility for her mother she said her sister had dumped her on
00:07:03them dumped she said dumped those words did she ever ask you to attend mrs. Ather no she didn't did she
00:07:10ever discuss mrs. Ather's health with you no were you ever aware that mrs. Ather was an arthritic
00:07:16sufferer no moving to the events of the first of October last year can you please tell the court
00:07:22in your own words what occurred well I was telephoned just after eight o'clock in the morning by mr.
00:07:26Barber mrs. Barber had been in hospital for a week undergoing a hysterectomy he asked me to come
00:07:32down to the new inn and have a look at mrs. Ather he said that she wasn't breathing and he believed she
00:07:37could be dead so I called an ambulance and went immediately the room was small rather cold I
00:07:45thought mrs. Ather was in the bed I examined her and found that she was dead did you estimate how
00:07:51long she'd been dead some hours can you describe her to us yes I found her extremely emaciated
00:07:58almost wasted away her temples were sunken her face had a very gray appearance did you come to any
00:08:05conclusion as to the cause of death not immediately no it was difficult was anything said between you
00:08:11and mr. Barber well I asked him if mrs. Ather had been ill and he said that she hadn't been eating
00:08:16properly and had totally lost her appetite I asked him if any doctor had attended her recently he said
00:08:22no as a doctor did that surprise you yes it shocked me in fact I asked him why I hadn't been called in
00:08:29he said he hadn't thought it was necessary he'd been so busy running the pub and visiting his wife in
00:08:35hospital what possibilities did you consider as to the cause of death well at first I considered
00:08:40a wasting disease of which well there are a few and then well I thought poison might have been involved
00:08:48did you consider starvation I didn't know it's not the sort of thing one believes can happen
00:08:56except sometimes in cases of anorexia nervosa so I called the police what was mr. Barber's reaction to all
00:09:02this well he was upset by the old lady's death thank you dr. little
00:09:11dr. little did mrs. Barber ever express any anxiety as to her mother's health never but she told you
00:09:18quite openly that she was living there yes she made no secret of the fact at all that's right yes and she
00:09:26said that her sister mrs. shepherd had dumped her on them on herself mr. Barber that's what she told
00:09:31me did she tell you why her sister had dumped her on them i think she said her sister could no longer
00:09:37look after her did mrs. Barber tell you how old her mother was yes 73 and do you have many elderly patients
00:09:44about 150 and as a gp you're obviously well aware of the problems that beset the elderly of course did it
00:09:52never occur to you that an old lady in her 70s whom you knew to be difficult might be in need of
00:09:58some medical treatment a doctor does not go out looking for patients really my lord who is on trial
00:10:06here and i must correct my learner trent dr. little did not know mrs. ather was difficult to look after
00:10:11he'd been told that mrs. Barber's sister could no longer look after her yes you really mustn't put
00:10:17words into the witness's mouth miss miles i apologize for doing so my lord but carry on
00:10:24by all means did you ever ask mrs. Barber how her mother was i was never asked to attend to her so i
00:10:32assumed she was in good health but there had been no attempt to conceal the fact from you that she was
00:10:36living there none yes you say you didn't consider starvation to be the cause of death that you first
00:10:44considered a wasting disease that is so do you know the disease tuberculous meningitis well i know
00:10:49the disease i've never come across a case before and is it a wasting disease well not always but it
00:10:55can lead to emaciation how does emaciation follow from the disease i understand because it causes
00:11:01anorexia and the patient no longer eats anorexia yes the loss of appetite
00:11:12is your name rebecca shepherd yes you live at 15 park walk fullchester yes and are they accused
00:11:31your sister and brother-in-law yes what's your occupation please i'm a teacher at hill road
00:11:37primary school are you married divorced for how long did you look after your mother mrs alice ather
00:11:43two years did you invite your mother to come and live with you not exactly she she came after my
00:11:49father died did she have a house of her own yes in derby she sold it she nursed my father for many
00:11:55years he had parkinson's disease and she said that well she said the house had too many unhappy memories
00:12:02for her did you intend that she should stay with you permanently it was what she intended what were
00:12:08relations like between your mother and your sister mrs barbara at that time oh grace was always her
00:12:14favorite it was always grace this and grace that and i'd say to her why don't you go to grace if she's
00:12:20so wonderful why did mrs ather come to live with you and not with grace because i was living on my own
00:12:25and grace and harry were working as relief tenants and they were always moving around from pub to pub
00:12:31did mrs ather have her own room yes i gave her my spare bedroom uh upstairs now prior to the 5th
00:12:38of january last year did you ever have to take her to a doctor no but you say that she was fit and
00:12:42healthy around that time apart from arthritis yes dr cordry told us he recommended a high calorie
00:12:47high protein diet for your mother is that so yes that's right did he tell you what foodstuffs this
00:12:52should consist of steak beef fish milk cheese eggs did you comply with that diet yes how many meals did
00:13:00you give your mother a day to breakfast and dinner did she have a healthy appetite sometimes she had
00:13:05to be coaxed she's quite a light eater could mrs ather cook for herself yes and did she get herself
00:13:11things to eat yes uh until she started to stay in bed a bit more did looking after your mother become
00:13:19a strain yes it did can you tell us in what way because nothing that i ever did was good enough for
00:13:26her she complained about everything at the house the way i looked after even the way i dressed did
00:13:32she talk about grace during this period yes every day what did she say well she's she's cruel she'd
00:13:42say why wasn't i married she'd compare me with grace she'd say that grace would never complain about
00:13:46having to look after and grace was so wonderful did mrs barber ever visit her never never once in the
00:13:52two years she lived with you never once did she write or telephone never did you ever contact your
00:13:57sister speak to her yes quite a few times what was said between you i said it was time she took her
00:14:03share of looking after mum what was her response that she and harry never knew where they'd be what pub
00:14:09they'd be and it wasn't practical and that i was better placed you were still teaching i was can we now
00:14:16moved to the third of july last year what happened on that day i knew that grace harry grace and harry
00:14:22finally realized their ambition they got their own pub in lanceford and i put mother in the car with her
00:14:30possessions and i drove around there with what purpose leaving her there did you warn your sister and
00:14:36brother-in-law of your arrival no what were their reactions grace was furious she swore at me a good
00:14:41deal and harry was a bit more understanding i think he guessed the strain that had been under
00:14:46did you tell your sister and brother-in-law that mrs ather needed medication and that she was under
00:14:50the doctor yes did you take her current medication with you yes what did it consist of a bottle of
00:14:56capsules inducing was this the last time you ever saw your mother yes did you ever attempt to see
00:15:02your mother again once toward the end of august what occurred i went to the new inn the pub to see my
00:15:09mother i hadn't heard how she'd been getting on or anything and i felt a bit guilty i would have
00:15:18liked to apologize to her for the way that i treated him um harry was behind the bar and i don't know
00:15:26where grace was and he refused to let me see my mother did he give any reason he said mother never
00:15:33wanted to speak to me again after the way that i treated her what did you do then well asked where
00:15:40she was asked how she you know if she was all right and he said she's fine she didn't want to see you
00:15:46he repeated it and i said well just for a moment just to talk to her he refused to let me go upstairs
00:15:55did you ask if there was a doctor attending to your mother
00:15:57uh i don't remember was that the first and last time you attempted to see your mother yes what was
00:16:06the next thing you heard about her about a month later heard that she was dead thank you mrs shepherd
00:16:18mrs shepherd why did you look after your mother i saw it as my duty she nursed father for 20 years
00:16:27i felt i ordered her and this high calorie high protein diet that dr cordry recommended
00:16:34what did it replace and i'm sorry what do you mean well what was your mother's diet before dr
00:16:40cordry put her on this high calorie high protein one oh she ate all sorts of things what things please
00:16:46tell us she had a lot of cold things cold meats tomatoes britain butter and were you cooking your
00:16:53mother two proper meals a day at this time no so what was she actually doing then feeding herself
00:16:58she tended to to just eat as she wanted did you ever cook her a meal well she wouldn't eat what i
00:17:05cooked very often yes i suggest your mother was in the habit of eating in a certain way certain things
00:17:11that she liked and she was loath to lose that habit is that how it appeared to you yes yes so that for
00:17:18over a year and a half you were aware that your mother's eating habits were poor i didn't think
00:17:23about them you thought about them enough to talk to dr cordry about them i felt i had to after a year
00:17:28and seven months yes yes you said a few minutes ago that you regarded looking after your mother as a
00:17:35duty that you owed it to her do you consider that by allowing your mother to eat poorly you were looking
00:17:41after her i let her live with me i couldn't make her eat what she wouldn't eat so after dr cordry's
00:17:49visit you began giving her two proper meals a day yes yes what time did you give her breakfast
00:17:55quarter to nine yes and what time do you start teaching what time in the morning nine o'clock and
00:18:00what time do you leave the house about quarter to nine i suggest therefore that you never actually
00:18:09had time to sit down and watch your mother eat breakfast i i know that she ate it how do you know
00:18:14she ate it well she told me she told you so but how do you know that she ate it when i came home the
00:18:19dishes were downstairs and washed up your mother was capable of coming downstairs with her breakfast
00:18:23dishes and washing them up yes and she told you that she'd eaten her breakfast yes and you believed her
00:18:28yes even though previously it had been hard almost impossible to make your mother eat what was good
00:18:33for her well she knew that she had to i'm sorry she knew that she had to eat properly you said you
00:18:40made sure your mother ate two proper meals a day i did but one of them you never actually saw her eat
00:18:47i'm not sure what you're suggesting i'm simply suggesting that considering what you've told us
00:18:52about your mother's eating habits it's very likely that she might not have eaten the breakfast that you
00:18:57prepared for her i'm sure she did did you ever suspect that she might not be well yes once or
00:19:02twice maybe can you be more precise i used to check in the dustbin just in case you used to check in the
00:19:10dustbin did you ever find any evidence that your mother had thrown anything away no but your suspicions
00:19:19were aroused i knew what she was like quite that is exactly the point that i've been trying to establish
00:19:24you knew what she was like where was the toilet upstairs next to her room yes and presumably she
00:19:29was also capable of going there oh yes right let's talk about dinner did you take dinner together yes
00:19:41and was this in the evening when you came home from school yes did she always eat everything yes
00:19:46yes yet prior to dr cauldry's visit and his recommendation of this high calorie high protein
00:19:54diet when you cooked your mother a meal she would not eat it that is what you've told us that's right
00:20:00by what means did you suddenly succeed in making your mother eat i persuaded her to i suggest that it
00:20:06was a very dramatic change in your mother's eating habits it was yes for over a year and a half she would
00:20:12not eat what you cooked her now suddenly here she is eating properly and fully yes did she like the
00:20:18food that you cooked for her no and yet she added yes you said under examination nothing i ever did
00:20:23was good enough for her she complained about everything did that include the food that you
00:20:27cooked for her yes she complained about the food you cooked for her she didn't like the food that you
00:20:32cooked for her you suspected she wasn't eating the breakfast that you prepared for her and yet you
00:20:36continued undaunted to prepare your mother two proper meals a day is that true or not true it's true
00:20:53i suggest that it is not true
00:21:00i put up with it for two years isn't that enough
00:21:02was there a significant change in your mother's diet or did it remain much the same in spite of
00:21:09your valiant efforts
00:21:13you are under oath mrs shepherd
00:21:18it's much the same and did you continue to prepare your mother two proper meals a day or was it a task
00:21:24that you set yourself with the very finest intentions a task which you quickly realized was hopeless because
00:21:30of your mother's ways what you said i beg your pardon i tried to do it i really tried it was her that
00:21:39starved her not us she was as thin as a bloody rake will the defendant please be silent
00:21:56the case of the queen and barber and barber will be resumed tomorrow in the crown court
00:22:11the case
00:22:15the case
00:22:17the case
00:22:19the case
00:22:37the case you're about to see is fiction but the procedure is legally accurate the characters are
00:22:45played by actors but the jury is selected from members of the public yesterday the jury heard
00:22:50the first stages of the prosecution case against Harold and Grace Barber who were accused of
00:22:54manslaughter of mrs. Barber's mother by neglect are you professor Thornton Mason pathologist at
00:23:03the Edward Mansfield Memorial Hospital I am on the third of October last year were you asked to
00:23:08perform a post-mortem examination on the body of mrs. Alice Ather yes let me first ask you about
00:23:14the height of the deceased her height was five foot seven inches what would be the normal weight
00:23:19for a woman of that height I'd say eight and a half stone working on average desirable weights
00:23:25what did she weigh her weight was five stone eight pounds the difference in body weight being two
00:23:31stone 13 pounds yes virtually three stone what was the reason for the weight loss the reason for the
00:23:36weight loss was lack of food starvation some dehydration what state was her body it was very
00:23:42thin waisted very emaciated there were bed sores and staining from urine and feces the eyes were
00:23:52rather sunken suggesting some dehydration the hair was rather matted I found no food in the stomach or
00:23:58the intestines on examining her left lung I found an old tubercular lesion which had been reactivated
00:24:06the deceased must have had tuberculosis as a younger woman and recovered from it when you say reactivated
00:24:13what do you mean it affected the meninges were inflamed the disease tuberculosis meningitis I'd say she'd
00:24:24had it for about three weeks what did you conclude was the cause of death I concluded the death was due
00:24:29to tuberculosis meningitis not to starvation well proving death by starvation is really a matter of
00:24:34excluding positive evidence of death from other causes can you say for how long she'd been starved of
00:24:39food I'm afraid I can't I examined the bowel and found no food particles none whatsoever this only
00:24:46led me to the conclusion that she had not eaten recently within days of death however due to the
00:24:51state of extreme emaciation I'd say some weeks I can't be exact is tuberculosis meningitis a wasting
00:24:58disease in an untreated case there will be a loss of appetite difficulty in swallowing to the extent the
00:25:04victim would waste yes simply because of not eating are you saying that some of the starvation could
00:25:09have been due to the disease some undoubtedly was can you say how much starvation was due to the disease
00:25:15no I'm afraid I can't but all of the emaciation was due to starvation yes do you regard the loss of
00:25:21three stone as a dangerous loss in mrs. Athens case yes when you first saw her body was it apparent to
00:25:28you that she was dangerously underweight was apparent to me that she was dead I'm sorry was it apparent to
00:25:34you that just prior to death she would have looked dangerously underweight yes let me return to the
00:25:40tubercular lesion in the lung what in your opinion was the cause of it being reactivated in my opinion
00:25:45it was because she wasn't in feeble state when the body is run down the immunity defenses obviously
00:25:51it collapsed if she was in a starved state would that reactivate the tuberculosis uh yes and would
00:25:58that lead to the tuberculosis spreading to the meninges eventually yes how long would it normally
00:26:02take for the disease to prove fatal if untreated it would kill in three to four weeks and so you
00:26:08maintain it killed mrs. Arthur in three well about three maybe a few days longer I can't be exact what
00:26:15are the clinical features of tuberculous meningitis in the early stages there'd be a general loss of
00:26:19appetite general malaise mild headaches the person would feel drowsy be confused perhaps irritable
00:26:26in the later stages the headache will become more severe there'd be a stiffening of the neck
00:26:31creasing confusion tremulousness loss of muscle control difficulty in swallowing double vision
00:26:40perhaps with the eye showing a squint cranial neck pauses and finally a paralysis of an arm or leg
00:26:46followed by a coma is it a disease one could ignore I would say not and in the final stages
00:26:53I'd expect the breathing to be very erratic stertorous thank you professor Mason
00:26:57professor Mason you say that mrs. Arthur weighed two stones thirteen pounds less than the desirable
00:27:08weight for a woman of her height and build yes yes you see I don't want the jury to be confused you're
00:27:14not saying that mrs. Arthur actually lost nearly three stones in weight you're simply stating that she
00:27:20she was two stones thirteen pounds less than she should have been if she was healthy that's right
00:27:25obviously I have no way of telling how much she weighed before no obviously what actually happens
00:27:33when one stops eating the metabolism well it's rather a complicated process the fat becomes the
00:27:40major fuel of the body the body in fact actually begins eating its own fat was it not possible for you
00:27:48to work out the length of time that mrs. Arthur had starved from the amount of fat that she had used
00:27:52up no I had no way of telling the rate she used up and also there may have been food taken during the
00:27:57period of starvation one really can't tell did she still have fact to use up she had fat deposits to
00:28:02use up yes so she was still a long way from dying of starvation I wouldn't expect her to die of
00:28:08starvation it's very unusual to simply die of starvation especially in the case of an elderly person
00:28:13the state of impoverishment makes the body prone to other conditions which act faster
00:28:19a loss of muscle another person might make them vulnerable to a pre-existing heart disease for
00:28:24example so you see starvation very rarely actually kills starvation is the trigger in this case it
00:28:31triggered the lesion in the lung which led to the meningitis is it not so that after a few days of not
00:28:38eating one loses one's appetite yes and that this condition is in fact called anorexia that is
00:28:45correct and did you not say that anorexia was a feature of tuberculous meningitis it is is there
00:28:51any confusion with anorexia nervosa none my lord that is a psychological disease involving the inability to
00:28:59eat it mainly affects teenage girls I just wanted to make sure there was no confusion I wasn't aware
00:29:08that I had created any my lord at what stage of the disease did you say that anorexia became a
00:29:15feature almost at the outset and you say that mrs. ather had starved for some weeks could she have
00:29:22starved for only three weeks I would say it was more probable she starved for a longer period of time
00:29:28three stone and waited a lot to lose in three weeks but could she have lost it in three weeks
00:29:33if starvation in that three week period was acute if no food was taken at all well depend on so many
00:29:39things doubt beforehand amount of fat metabolic rate it would depend a lot on how much water was
00:29:47drunk during the period why is that well a body fluid accounts for a very high proportion of the
00:29:52weight loss if very little water was drunk during the period of starvation the weight loss would be
00:29:57far greater than if a lot of water was drunk but did you not say that mrs. ather was dehydrated there
00:30:02some dehydration yes can you say how much no I'm afraid I can't just a lack of body fluid are you
00:30:08saying then that if mrs. ather drank very little during the starvation period she could have lost
00:30:14three stones in three weeks it would still be unlikely but possible possible I uh I can't be
00:30:22categorical now three weeks is also the time that you said she had the disease tuberculous meningitis yes
00:30:28if anorexia is an initial feature of that disease I suggest she could have lost all three
00:30:34stones during the disease but I already said it was because she was in an impoverished state that
00:30:39the lesion in the lung was reactivated no you've already said that it was because she was in a
00:30:44starved state that the lesion in the lung was reactivated I don't know what state mrs. ather was
00:30:48in when the lesion was reactivated then why did you say that starvation led I did only say the
00:30:52starvation was a possibility no with respect you said starvation is the trigger in this case it
00:30:58triggered the tubercular lesion in the lung starvation is a possibility I made that clear earlier
00:31:02you see you said it's a bit of a medical puzzle here we've been led to believe that because mrs. ather
00:31:11was starved the lesion in the lung was reactivated and the disease spread yet an early feature of that
00:31:18disease is loss of appetite which in itself would lead to starvation and emaciation I think there
00:31:24was some deprivation of food some deficiency of diet enough to impoverish the body prior to the
00:31:29reactivation of the lesion then considerable starvation as a consequence of the disease but
00:31:34the total amount of weight loss can be totally accounted for by the disease it is only a possibility
00:31:40yes at the moment we do not know which came first the disease or the starvation it's rather
00:31:45like the chicken and the egg I wouldn't put it quite so simply might a mere deficiency of diet
00:31:52have weakened the body enough to allow the lesion to reactivate might have
00:31:59long way from starvation could the lesion in the lung have reactivated some time
00:32:09before the disease spread to the meninges it could have some months before possibly would
00:32:15there necessarily be chest symptoms coughing not necessarily even though the lesion had reactivated
00:32:21it could lie quietly without giving any chest symptoms so one would not know about it until
00:32:27the disease had spread that is correct so what we are saying is that tuberculosis may have appeared
00:32:33before mrs ather ever went to live with the defendants
00:32:37you say that the early symptoms of tuberculosis meningitis are mild headaches general malaise drowsiness confusion irritability
00:32:56yes would they be strong enough feature to cause alarm or might they not be dismissed as the normal pattern of growing old
00:33:04in an otherwise healthy person they would be a strong enough feature to cause alarm
00:33:07what about an old person who was already drowsy confused and irritable
00:33:12in tuberculosis meningitis I would expect increasing confusion
00:33:15I think it would be alarming in any event
00:33:18you say there would be a stiffness of the neck
00:33:21yes in the latter stages there will be a number of neurological manifestations
00:33:26and what causes them
00:33:27the inflamed meninges begin to strangle the cranial nerves which pass through them
00:33:31a number of nerves were involved
00:33:33yes this horror story of symptoms that you've given us I can only describe them as that
00:33:39is no more than a list of the neurological manifestations you would expect following the involvement of the nerves
00:33:46yes yes double vision a squint tremulousness loss of muscle control difficulty in swallowing neck pauses
00:33:52they are all neurological they are
00:33:54yes what usually is the ultimate fate of a nerve that is strangled in this way
00:34:00the nerve is destroyed ultimately
00:34:03were any of the nerves destroyed
00:34:05no but many were involved
00:34:07involved in being strangled but not destroyed
00:34:09that is so
00:34:10was the spinal cord involved
00:34:13the inflammation had involved it yes
00:34:15but was it damaged to the extent that you can definitely say
00:34:18mrs. Arthur would have experienced paralysis of an arm or a leg
00:34:22I cannot definitely say
00:34:23but I think some paralysis was very likely
00:34:26is it not so that when a nerve is damaged but not destroyed
00:34:30it is very difficult to assess the extent of that damage
00:34:33unless the patient is alive to testify
00:34:35yes
00:34:36so we do not know for certain therefore
00:34:39to what extent mrs. Arthur demonstrated those manifestations
00:34:42they are the clinical features of the disease
00:34:45the clinical features of the later stages of the disease
00:34:48am I right
00:34:49yes
00:34:51finally you say that it would lead to coma and difficulty in breathing
00:34:56now breathing in coma would be light
00:34:58wouldn't it
00:34:58the difficulty would still be noticeable
00:35:00perhaps not so if that coma were mistaken for sleep
00:35:03well she would look extremely ill
00:35:05one could not possibly wake her up
00:35:08no I cannot say it will be mistaken for sleep
00:35:11provided one attempted to wake her up
00:35:14thank you professor Mason
00:35:16professor given the condition of mrs. Arthur
00:35:20the muscle wastage
00:35:22the emaciation
00:35:22the extent of the disease
00:35:24can you give us some indication
00:35:25as to what period of time before death
00:35:27she would have been incapable of walking on her own
00:35:30it would be an opinion
00:35:32I think it would be of some value
00:35:35I don't imagine she will be able to walk unaided
00:35:39during the last two weeks of her life
00:35:41she would have been totally bedridden
00:35:43totally
00:35:44thank you professor Mason
00:35:47that my lord concludes the case for the prosecution
00:35:51is your name grace barber
00:35:55it is
00:35:57and with your husband harold
00:35:59do you both own and live
00:36:01at the new inn high street lambsford
00:36:02we do
00:36:03for how long have you resided at the new inn
00:36:07since the 24th of may last year
00:36:09what have you been doing for some years before that
00:36:13well harry and me
00:36:15we've been working as relief tenants for four years
00:36:18you know just moving from pub to pub
00:36:21and before that we were the tenants of the bell in fullchester
00:36:24and during this period of moving about
00:36:27were you ever in contact with your sister mrs shepherd
00:36:30as regards your mother's welfare
00:36:32yes
00:36:33rebecca used to ring me up
00:36:35say it was time we took our share of looking after mum
00:36:38but we couldn't because we were moving around so much
00:36:42now on the 3rd of july last year
00:36:45what happened
00:36:46well
00:36:47rebecca brought mum round to us
00:36:50without any warning
00:36:51she said she'd had enough of looking after her
00:36:54and it was our turn
00:36:55well i was furious with her
00:36:57i mean just dumping mum on us like that
00:36:59without any warning
00:37:00and she looked so thin
00:37:02almost
00:37:03well skinny
00:37:04when was the last time you had seen her
00:37:06when dad died
00:37:08two years before
00:37:09and would you say that there was a great difference in her appearance
00:37:12oh i'll say
00:37:13she looked as though she hadn't been fed
00:37:15was she able to walk on her own
00:37:18well with a stick
00:37:19did your sister mrs shepherd say anything about your mother's medication
00:37:24no she didn't
00:37:26did she tell you that your mother had been regularly attended to by a doctor because of her arthritis
00:37:31no
00:37:32and did she leave any medication with you
00:37:34no she didn't
00:37:36after she left what transpired between yourself your husband and your mother mrs ather
00:37:43well i didn't want to take the responsibility for her
00:37:47but harry he talked me round he said well now we owned our own place we owed her something
00:37:52so we gave her a bedroom upstairs at the back of the inn
00:37:55yes and was there a toilet and bathroom on the upstairs floor
00:37:58yes next door to her room
00:38:00did your mother say why she had difficulty in walking
00:38:04yes she said she had a lot of pain
00:38:06in her knees and in her ankles
00:38:08did she describe what sort of pain
00:38:10she said it was an arthritic pain
00:38:11now did she tell you that she had been seeing a doctor
00:38:14oh yes but she said he hadn't done her any good
00:38:17and did she say anything else as regards to the doctor
00:38:20yes
00:38:21she said she hadn't liked him
00:38:23because he'd spoken about putting her in a home
00:38:25did you have a gp of your own at this time
00:38:29well no because we'd only just moved into the village and we hadn't needed one
00:38:33and did you consider fetching a doctor to your mother
00:38:35well no i mean it didn't seem necessary
00:38:39and anyway she said she didn't trust doctors
00:38:41and i was able to relieve the pain
00:38:44how were you able to do that
00:38:46well i used heat treatment
00:38:48i've got a sunray lamp
00:38:50and it's got an infrared setting
00:38:51and i used to use that on her legs
00:38:54how often
00:38:54oh well every day for about half an hour
00:38:57and then i also put hot water bottles against her joints
00:39:01and how did that help your mother
00:39:02well she said it helped to relieve the pain a lot
00:39:05did she stay in bed much
00:39:07well she stayed in bed all the time
00:39:09except to go to the toilet
00:39:11she never came downstairs
00:39:12never
00:39:13was she able to come downstairs on her own
00:39:16oh yes she was perfectly able
00:39:18she just didn't want to
00:39:19did you ever encourage her to come downstairs
00:39:22yes
00:39:23but there was only the bar you see
00:39:25and she never did approve of drinking
00:39:27yes now let me ask you about the drinking
00:39:29did your mother have water in her room
00:39:32well we supplied her with a jug and a glass
00:39:35and did she drink a lot of water
00:39:37no very little
00:39:37how often did you have to refill that jug
00:39:41well i changed the water in it every day
00:39:44even though she'd hardly touched it
00:39:45what was your mother's mood
00:39:48after she came to live with you
00:39:49she was very depressed
00:39:51did she talk about your sister at all
00:39:54yeah
00:39:54she said she never wanted to see rebecca again
00:39:57after the way she'd treated her
00:39:58did your mother have any interests
00:40:00did she read at all
00:40:02no she didn't read
00:40:03did she have a television in her room
00:40:05no
00:40:05and what about a radio
00:40:06well we offered her one
00:40:07but she said she didn't want one
00:40:08so what did she do all day
00:40:10well nothing
00:40:11she just lay there
00:40:12and it was around this time
00:40:14that she expressed a disinterest
00:40:16in leaving her room
00:40:17except to go to the toilet
00:40:18yes
00:40:19was she capable of washing herself
00:40:22oh she was perfectly capable
00:40:24but she got very lazy about it
00:40:26when she refused to get up to wash
00:40:29i always made sure she had a bed bath all over
00:40:31which you gave her
00:40:32oh yes
00:40:33yes
00:40:34what were the arrangements for feeding her
00:40:37well she wouldn't have much for breakfast
00:40:40just a cup of tea and a piece of toast
00:40:41and then
00:40:42well we started off by giving her two meals a day
00:40:45but she just wasn't eating
00:40:46so we made it one at lunchtime
00:40:48and we thought that
00:40:50well as she was lying in bed all day doing nothing
00:40:52she didn't really need two meals a day
00:40:55and did she always eat what you prepared for her
00:40:58well no that was the thing you see
00:40:59I mean
00:40:59we always made sure that she had it
00:41:02but sometimes she just wasn't hungry
00:41:03I mean a whole day would go by
00:41:05and she'd eat nothing
00:41:06and didn't that alarm you
00:41:08no
00:41:09I mean
00:41:10if she wasn't hungry
00:41:11didn't see much point in making her eat
00:41:14did you ever sit down with her
00:41:16and coax her to eat
00:41:17no
00:41:18when she did eat
00:41:20what were the circumstances
00:41:21well one of us used to take it up to her
00:41:24leave it with her
00:41:26and then she'd eat it on her own
00:41:28could you be sure that she ate it
00:41:30well the plate was clean
00:41:32were you ever aware
00:41:33after taking her up a meal
00:41:35and leaving it with her
00:41:36that she got up on her own
00:41:38and went to the toilet
00:41:39well I've no idea
00:41:41I mean you can't hear a thing
00:41:43what's going up upstairs
00:41:44when you're downstairs in the bar
00:41:46did your mother ever complain
00:41:48about the food that you gave her
00:41:50oh yes she was always complaining
00:41:52would you describe her as irritable
00:41:54yes very
00:41:55how did this affect the relationship
00:41:57between your husband and your mother
00:41:59well it became very bad
00:42:02I mean I said really
00:42:03that she'd have to go into a home
00:42:05and did you take any action
00:42:07as regards finding a home for her
00:42:08well no because I didn't really know
00:42:11how to go about it
00:42:12around this time
00:42:14were you yourself seeing Dr. Little
00:42:16the GP in the village
00:42:17yes I had to go into hospital
00:42:20to have an operation
00:42:21can you tell us the nature
00:42:23of that operation
00:42:24hysterectomy
00:42:25what day was fixed
00:42:28for you to go into hospital
00:42:2925th of September
00:42:31and did you tell Dr. Little
00:42:32that you were caring
00:42:33for an elderly mother
00:42:34yes
00:42:35did you ever ask him
00:42:37to attend her
00:42:38no
00:42:39I didn't think it was necessary
00:42:41and I didn't want to waste his time
00:42:43and I mean mum didn't seem ill
00:42:45she just seemed old
00:42:47and bad tempered
00:42:49and were you continuing
00:42:50with the heat treatment
00:42:51at this time
00:42:51well I was still using
00:42:53the hot water bottles
00:42:53but I'd stop using the lamp
00:42:55did she complain of pain
00:42:57no
00:42:57was she ill looking
00:42:59no well she looked thin
00:43:01but then she always looked thin
00:43:03how was she eating
00:43:05by this time
00:43:05well much the same
00:43:08as before really
00:43:08I mean sometimes
00:43:10she wouldn't eat
00:43:11and sometimes
00:43:11you'd take up her food
00:43:13and then you'd go
00:43:14and pick the plate up
00:43:15and it was usually clean
00:43:16did she complain
00:43:17of anything else
00:43:18yes she did start
00:43:20to complain
00:43:20about having headaches
00:43:21and I used to give
00:43:22a discipline for those
00:43:24now when did she start
00:43:25having those headaches
00:43:26about two weeks
00:43:27before I went into hospital
00:43:28did you have any idea
00:43:31that your mother
00:43:32might be ill
00:43:32seriously ill
00:43:34none at all
00:43:36immediately prior
00:43:38to your going into hospital
00:43:39on the 25th of September
00:43:40was your mother
00:43:41still capable
00:43:42of getting out of bed
00:43:44on her own
00:43:45well she could get out
00:43:46of bed on her own
00:43:47but she had to be helped
00:43:48to the toilet
00:43:48she was weaker
00:43:49well we thought
00:43:51it was because
00:43:51she just lay in bed
00:43:52all day
00:43:53and on the 25th of September
00:43:56you went into hospital
00:43:57are you fully recovered
00:43:59from that operation
00:44:00yes thank you
00:44:02how often did Mr. Barber
00:44:04visit you in hospital
00:44:06oh twice a day
00:44:07mornings and afternoons
00:44:09and was your mother disgust
00:44:10yes he used to tell me
00:44:11how she was
00:44:12did he seem alarmed
00:44:14by her state of health
00:44:15no
00:44:15I think he was more
00:44:17worried about me
00:44:18and on the 1st of October
00:44:20did you hear
00:44:21that your mother
00:44:21had died
00:44:22yes
00:44:23Harry rang me up
00:44:25to tell me
00:44:26thank you Mrs. Barber
00:44:27Mrs. Barber
00:44:29you had not seen
00:44:30your mother
00:44:30for two years
00:44:31is that right
00:44:32yes that's right
00:44:33why was that
00:44:34well there was never
00:44:35any time
00:44:35what about Christmas
00:44:37birthdays
00:44:37did you never try
00:44:38to see her
00:44:39well no because
00:44:40we were always
00:44:40in some different pub
00:44:42I suggest you could
00:44:43not be bothered
00:44:43with your mother
00:44:44I suggest you were
00:44:45content to let your
00:44:46sister take all
00:44:46the responsibility
00:44:47I was content to
00:44:49yes
00:44:49because she had
00:44:50her we didn't
00:44:51and it was impossible
00:44:52for us to
00:44:53on the 3rd of July
00:44:54Mrs. Ather was brought
00:44:55to you by your sister
00:44:56who said she'd had
00:44:57enough of looking
00:44:58after her
00:44:58yes that's right
00:44:59and you stated
00:45:00that Mrs. Shepard
00:45:01said nothing about
00:45:02your mother having
00:45:03been on medication
00:45:03or having seen a doctor
00:45:05because of arthritis
00:45:05yes
00:45:06have you heard
00:45:07Mrs. Shepard give
00:45:08evidence under oath
00:45:09oh yes I heard her
00:45:10Mrs. Shepard has stated
00:45:11that she informed
00:45:12you of both these facts
00:45:13well she's a bloody liar
00:45:14did she leave a bottle
00:45:15of pills
00:45:16no
00:45:16you already know
00:45:18what a bloody liar
00:45:19she is
00:45:20would you mind
00:45:20your letter
00:45:21it was her
00:45:21that starved her
00:45:22not us
00:45:23she's already lied
00:45:24about that
00:45:25why shouldn't she
00:45:25lie about everything
00:45:26else
00:45:26Mrs. Barber
00:45:27I can't allow
00:45:29you to shout
00:45:30she's always been
00:45:34a liar
00:45:34I always took
00:45:37the blame
00:45:37for everything
00:45:38she did
00:45:38always
00:45:39the case of the Queen
00:45:59and Barber and Barber
00:46:00will be concluded
00:46:01tomorrow
00:46:01in the Crown Court
00:46:03the case you're about to see
00:46:31is fiction
00:46:31but the procedure
00:46:32is legally accurate
00:46:33the characters are played
00:46:34by actors
00:46:35but the jury is selected
00:46:36from members of the public
00:46:37during the past two days
00:46:39the jury has heard evidence
00:46:40concerning the alleged
00:46:41manslaughter by neglect
00:46:43of Mrs. Alice Ather
00:46:44by her daughter
00:46:45and son-in-law
00:46:46the defendant
00:46:47Grace Barber
00:46:47is being cross-examined
00:46:49you say
00:46:51you say that
00:46:51when your mother
00:46:52came to live with you
00:46:52she looked thin
00:46:53almost skinny
00:46:55as though she hadn't
00:46:56been fed
00:46:56yes
00:46:57under your care
00:46:58did she appear
00:46:59to look any better
00:47:00no
00:47:02so she remained
00:47:03thin
00:47:04almost skinny
00:47:05as though she hadn't
00:47:05been fed
00:47:06well it was just
00:47:08the way she looked
00:47:09did she look ill
00:47:10not particularly
00:47:11you thought she looked
00:47:12well
00:47:13no
00:47:14then I suggest
00:47:15she must have
00:47:16looked ill
00:47:16well she didn't look
00:47:18well
00:47:18but she didn't look ill
00:47:19surely if she didn't
00:47:21look well
00:47:21she must have
00:47:21looked ill
00:47:22I don't see how
00:47:24if I said to you
00:47:25you do not look well
00:47:26what am I saying to you
00:47:27you're confusing me
00:47:30it is not I
00:47:31who's being confusing
00:47:32well
00:47:34she looked much the same
00:47:36so why did you not
00:47:37call a doctor
00:47:38tell Dr. Little
00:47:39I didn't think
00:47:40there was any need
00:47:41she looked unwell
00:47:42I think we've established that
00:47:44she had arthritic pain
00:47:45she spent nearly all day
00:47:46in bed
00:47:46sometimes not eating
00:47:47and you say there was
00:47:48no need to call a doctor
00:47:49well it didn't seem
00:47:50that serious
00:47:51what happens to someone
00:47:52who does not eat
00:47:53look
00:47:54she wasn't hungry
00:47:56it wasn't as though
00:47:58she couldn't eat
00:47:59like I said
00:48:01I mean she lay in bed
00:48:02all day
00:48:02doing nothing
00:48:03she didn't need much food
00:48:05she ate all she wanted
00:48:06what were the arrangements
00:48:07for collecting
00:48:08your mother's pension
00:48:09oh well
00:48:11I collect it
00:48:12I got mum to sign a letter
00:48:14what became of the money
00:48:14well put it in a bank
00:48:16you and Mr. Barber
00:48:18spoke about putting
00:48:19your mother in a home
00:48:20is that right
00:48:20yes
00:48:21and you say that the reason
00:48:23you did not pursue
00:48:24this course was because
00:48:25you did not know
00:48:26how to go about it
00:48:27yes
00:48:28are you aware
00:48:28that there are
00:48:29private nursing homes
00:48:30yes
00:48:31and were you aware
00:48:32that after selling
00:48:33her house in Derby
00:48:34your mother had a
00:48:34considerable sum
00:48:35in her bank account
00:48:36a sum exceeding
00:48:38£50,000
00:48:38which would have
00:48:39amply covered
00:48:40such expenses
00:48:41well we didn't
00:48:42think about it
00:48:43you didn't think
00:48:45about £50,000
00:48:46well not in that respect
00:48:47in what respect
00:48:48did you think about it
00:48:49I suggest to you
00:48:51Mrs. Barber
00:48:51that £50,000
00:48:52must have been
00:48:53a factor
00:48:54operating on your mind
00:48:55in some way
00:48:56I don't know
00:48:57what you mean
00:48:58my lord
00:48:58what is the relevance
00:48:59of my lonely friend's
00:49:00questions
00:49:01Mr. Saunders
00:49:03my lord
00:49:03I mention the £50,000
00:49:04because it is a factor
00:49:06which may have operated
00:49:07on the defendants' minds
00:49:08making them indifferent
00:49:10as to whether
00:49:11Mrs. Ather lived or not
00:49:12I've no objection
00:49:15to your exploring yet
00:49:16I put it to you
00:49:19Mrs. Barber
00:49:19that £50,000
00:49:20was a motive
00:49:21for not caring
00:49:22whether your mother
00:49:23lived or died
00:49:24I did care
00:49:25neither of us
00:49:27wanted her to die
00:49:28Mr. Barber
00:49:31on the 3rd of July
00:49:32we have heard
00:49:33Mrs. Ather was brought
00:49:35round to the new inn
00:49:36and left in the care
00:49:37of you and your wife
00:49:38yes by Rebecca
00:49:40my sister-in-law
00:49:40and what was
00:49:41your wife's reaction
00:49:43well she was furious
00:49:44she didn't want
00:49:45the responsibility
00:49:46of looking after
00:49:46the old woman
00:49:47she accused Rebecca
00:49:49of just dumping
00:49:50her on us
00:49:50and what did you
00:49:52say to your wife
00:49:52I told her
00:49:54I thought it was
00:49:54our turn to look
00:49:55after the old lady
00:49:56Rebecca had had her
00:49:56for two years
00:49:57now we had a pub
00:49:59of our own
00:49:59we had the facilities
00:50:00and did you
00:50:01persuade your wife
00:50:02that you should
00:50:03take joint responsibility
00:50:04for her mother
00:50:05yes
00:50:06even though
00:50:07she wasn't
00:50:08your own mother
00:50:08yes
00:50:09is your own mother
00:50:11still alive
00:50:12no she died
00:50:13four years ago
00:50:14and was she
00:50:15living with you
00:50:16no she was in
00:50:17hospital in a
00:50:18psychogeriatric ward
00:50:19did you ever
00:50:20look after her
00:50:21for any period
00:50:22yes I looked
00:50:23after her for
00:50:24three years
00:50:24before Grace
00:50:25and I got married
00:50:26now what condition
00:50:28was Mrs. Ather in
00:50:30when she came
00:50:30to live with you
00:50:31well she looked
00:50:32very thin
00:50:33almost bony
00:50:35did she look
00:50:37underfed to you
00:50:38well not particularly
00:50:39I just thought
00:50:40she looked thin
00:50:40are you aware
00:50:42that your wife
00:50:42considered her
00:50:43underfed looking
00:50:44oh I know
00:50:44she said underfed
00:50:45but to me
00:50:46she was just
00:50:47thin looking
00:50:47you thought
00:50:48it was a natural
00:50:49thinness
00:50:49well yes
00:50:50I mean she was
00:50:5173 after all
00:50:52and well
00:50:53she'd a thin build
00:50:54where did she
00:50:56spend most of her
00:50:57day
00:50:58upstairs in bed
00:50:59she spent all
00:51:00of it there
00:51:00except to get up
00:51:01and go to the
00:51:02toilet
00:51:02what was her
00:51:04mood generally
00:51:05I was pretty
00:51:06depressed
00:51:07and to what
00:51:08did you attribute
00:51:09that depression
00:51:10being dumped
00:51:12by Rebecca
00:51:12did she have
00:51:14a big appetite
00:51:15oh no
00:51:16very small
00:51:17quite often
00:51:18I'd take a meal
00:51:19up and she'd say
00:51:19Harry I'm just
00:51:20not hungry today
00:51:21well I tried
00:51:22to make her eat
00:51:23but you can't
00:51:25make somebody eat
00:51:26if they don't
00:51:26want to can you
00:51:27did you ever
00:51:28leave her with a meal
00:51:29yes quite often
00:51:31and did she eat
00:51:32it
00:51:33well sometimes
00:51:34she picked
00:51:34sometimes she
00:51:35ate the lot
00:51:35were you ever
00:51:37present when she
00:51:38ate the lot
00:51:38no
00:51:39no
00:51:39why not
00:51:40well we'd have
00:51:41pubed her on
00:51:41I mean why
00:51:43should we stay
00:51:43with her
00:51:43she was an adult
00:51:45capable of feeding
00:51:46herself
00:51:47not a child
00:51:47was there an
00:51:49occasion when
00:51:50Mrs Arthur accused
00:51:51you of something
00:51:52yes towards the
00:51:53end of July
00:51:53I took her up
00:51:55some chicken
00:51:55casserole
00:51:56it was what we
00:51:57were serving
00:51:57in the pub
00:51:58she looked at it
00:51:59and then she
00:52:00said what did
00:52:01I think I was
00:52:02trying to do
00:52:03poison her
00:52:03and then she
00:52:05threw it on the
00:52:05floor
00:52:05she didn't even
00:52:06taste it
00:52:07no no
00:52:07she just
00:52:08looked at it
00:52:09and then chucked
00:52:09it
00:52:10what else did
00:52:11she say
00:52:11well she suggested
00:52:14that we wanted
00:52:14her out of the
00:52:15way
00:52:15that it would
00:52:17serve us right
00:52:18if she starved
00:52:19herself to death
00:52:19had she ever
00:52:21behaved in this
00:52:22irrational way
00:52:23before
00:52:23no no not
00:52:24quite like that
00:52:25she'd be going
00:52:26a bit funny
00:52:26a bit morbid
00:52:27saying how nobody
00:52:28wanted her
00:52:29nobody cared
00:52:29whether she
00:52:30lived or died
00:52:30I mean she
00:52:31said that a few
00:52:31times
00:52:32did she ever
00:52:33say anything
00:52:34else funny
00:52:34she'd get
00:52:35confused
00:52:36say that nobody
00:52:38had been up to
00:52:38see her all day
00:52:39when one of us
00:52:40had been up there
00:52:40only half an hour
00:52:41before things like
00:52:42that
00:52:42well she'd forget
00:52:43where she was
00:52:44what time of day
00:52:45it was
00:52:45did you and your
00:52:46wife ever talk
00:52:47about putting her
00:52:48in a home
00:52:49we talked about it
00:52:51but I was against
00:52:52the idea
00:52:52why were you
00:52:54against the idea
00:52:54because I remember
00:52:56how horrible it was
00:52:57putting my own
00:52:57mother into a
00:52:58psychogeriatric ward
00:53:00and just because
00:53:02Mrs. Arthur was
00:53:03difficulty
00:53:03there wasn't any
00:53:05reason to stick her
00:53:06away
00:53:06did your wife
00:53:07express an opinion
00:53:08yes she felt the
00:53:10same as me
00:53:10and we neither of us
00:53:12really knew how to
00:53:13go about putting her
00:53:13in a home
00:53:14anyway it meant
00:53:15dumping the old lady
00:53:16and she'd been dumped
00:53:17once already
00:53:18I mean grace and me
00:53:19we just wanted the
00:53:20best for her
00:53:20a few days afterwards
00:53:22did you receive a visit
00:53:23from Rebecca
00:53:24Shepard
00:53:25your wife's sister
00:53:26yes
00:53:26she wanted to see
00:53:28her mother
00:53:28and where was your
00:53:30wife at the time
00:53:30she was at the
00:53:31doctor's
00:53:32Dr. Liddell's
00:53:32in the village
00:53:33did you allow
00:53:34Mrs. Shepard
00:53:35to see her mother
00:53:36no I didn't
00:53:37why not
00:53:38because her mother
00:53:39didn't want to see her
00:53:40she'd said so
00:53:41on many occasions
00:53:42she never wanted
00:53:43to see or speak
00:53:44to Rebecca again
00:53:44after what she'd done
00:53:45did you tell this
00:53:47to Mrs. Shepard
00:53:48yes
00:53:48she was very angry
00:53:50but I wouldn't
00:53:51let her go upstairs
00:53:52though she pleaded
00:53:53and did she then
00:53:55go away
00:53:56eventually
00:53:57yes
00:53:58now I want to
00:53:59bring you forward
00:54:00to the 25th of September
00:54:01the day your wife
00:54:02went into hospital
00:54:03was she worried
00:54:05about her operation
00:54:06oh very worried
00:54:06yes
00:54:07she'd never been
00:54:08in hospital before
00:54:09did it cause you
00:54:11any anxiety
00:54:12very much so
00:54:12did you have any
00:54:15bar staff
00:54:16or helpers
00:54:16at the new inn
00:54:17no none
00:54:18I was on my own
00:54:19completely
00:54:20and during this week
00:54:22when did you visit
00:54:22your wife
00:54:23every morning
00:54:24every afternoon
00:54:25for an hour each time
00:54:26while running the pub
00:54:28single-handed
00:54:29and visiting your wife
00:54:31in hospital
00:54:31were you also
00:54:32looking after
00:54:33Mrs. Arthur
00:54:33on your own
00:54:34I was
00:54:35how would you
00:54:37describe her condition
00:54:38during this week
00:54:39she was very sleepy
00:54:41she complained
00:54:43of headaches a lot
00:54:43I gave her
00:54:44discipline for them
00:54:45yes
00:54:46she had a jug of water
00:54:47is that so
00:54:48yes
00:54:48yes
00:54:48did she drink
00:54:50very much of it
00:54:51no
00:54:51hardly drank any
00:54:53just sips
00:54:54now and again
00:54:54and how did she look
00:54:56physically
00:54:56oh she didn't
00:54:58and bony like
00:54:58she always looked
00:54:59was she confused
00:55:01no more than usual
00:55:02during this week
00:55:05the final week
00:55:06of her life
00:55:07did she eat at all
00:55:08well I took her food
00:55:10but she didn't take
00:55:11she didn't touch
00:55:13very much of it
00:55:13and what do you mean
00:55:14by that
00:55:15well I took her
00:55:16up her lunch
00:55:16as usual
00:55:17left it
00:55:18when I came back
00:55:19it looked as though
00:55:21she'd eaten some of it
00:55:22though never very much
00:55:24and did that worry you at all
00:55:26well no
00:55:26I was more worried
00:55:27about my wife in hospital
00:55:28what about going to the toilet
00:55:31could she manage that
00:55:32on her own
00:55:33no I had to help her
00:55:34she was weak
00:55:35yes
00:55:36she was
00:55:36did you consider
00:55:38that she might be ill
00:55:39well I
00:55:41thought it was because
00:55:43she lay in bed so much
00:55:44I mean all day
00:55:45on the 30th of September
00:55:48Friday evening
00:55:49what did you observe
00:55:51about Mrs Arthur
00:55:52well she hadn't eaten
00:55:54that day at all
00:55:55she was very drowsy
00:55:57so I let her sleep
00:55:58the pub was busy
00:56:00I was on my feet
00:56:02all night
00:56:02but before I went to bed
00:56:05I looked in on her
00:56:06and she seemed to be asleep
00:56:09so I didn't disturb her
00:56:11did you go right
00:56:12into the room
00:56:13no I just stood in the doorway
00:56:15and spoke to her
00:56:15and what happened
00:56:17the next morning
00:56:18I got up
00:56:19and looked in on her
00:56:20with a cup of tea
00:56:21and I couldn't wake her
00:56:24she was cold
00:56:26not breathing
00:56:28I called Dr. Little
00:56:30and did he confirm
00:56:32that she was dead
00:56:33yes
00:56:33thank you Mr. Barber
00:56:36Mr. Barber
00:56:38on the 3rd of July
00:56:39you successfully persuaded
00:56:40your wife
00:56:41that the two of you
00:56:42ought to take your share
00:56:43of responsibility
00:56:44for looking after Mrs Arthur
00:56:45yes
00:56:46what do you understand
00:56:47by the phrase
00:56:48taking responsibility
00:56:49when it applies
00:56:50to the care of another person
00:56:51it means looking after them
00:56:53in what way
00:56:54in what way
00:56:55does it mean looking after them
00:56:56well making sure
00:56:57they're well
00:56:57I mean well fed
00:56:58does it mean
00:56:59in your understanding
00:57:00making sure
00:57:01there's a proper supply
00:57:02of the necessaries of life
00:57:03yes I suppose so
00:57:05you suppose
00:57:06well you put it better than me
00:57:08forget how I put it
00:57:10do you agree with the sentiment
00:57:12behind that definition
00:57:13yes
00:57:14very well
00:57:15let us keep it in mind
00:57:16you say she looked thin
00:57:19almost bony
00:57:20when she came to live with you
00:57:21what exactly do you mean
00:57:22by bony
00:57:22well she looked skinny
00:57:24do you mean so skinny
00:57:26that her bones were protruding
00:57:27yes
00:57:28but you did not think
00:57:29she looked underfed
00:57:30well I thought that
00:57:32she was underfed looking
00:57:33but I didn't actually think
00:57:34that she was underfed
00:57:35you regarded her
00:57:36as underfed looking
00:57:37but not underfed
00:57:38well it depends
00:57:39on how you say it
00:57:40I mean if you say
00:57:41that somebody is stupid looking
00:57:43it doesn't follow
00:57:44that they are in fact stupid
00:57:45does it
00:57:46did you consider
00:57:47that one meal a day
00:57:48was sufficient
00:57:49for an old person
00:57:49in that state
00:57:50well yes
00:57:51she wouldn't eat too
00:57:52like my wife said
00:57:52she spent all day in bed
00:57:53she never used up any energy
00:57:54did you consider
00:57:55that one meal in two days
00:57:56was sufficient
00:57:57no
00:57:58yet there were days
00:57:59when Mrs. Atherett
00:57:59nothing
00:58:00yes because she wasn't hungry
00:58:01then there must have been
00:58:02occasions when she had
00:58:03only one meal in two days
00:58:04would you agree
00:58:04look I never kept a record
00:58:06I had a pub to run downstairs
00:58:07she ate all she wanted
00:58:09I wasn't going to force food on her
00:58:10despite the fact
00:58:11she threatened to starve herself
00:58:12to death
00:58:13you cite this incident
00:58:24of the thrown food
00:58:25and the accusation
00:58:25that you were trying to poison her
00:58:26the threat that she would
00:58:27starve herself
00:58:28yes
00:58:29you say she accused you
00:58:30of not having been up to see her
00:58:31when in fact you had been up
00:58:32you say she'd forget
00:58:33where she was
00:58:34what time of day
00:58:34was am I correct
00:58:35yes
00:58:36did she have a clock
00:58:37or a watch in her room
00:58:37no
00:58:38she had no television
00:58:39or radio
00:58:40is that right
00:58:40no we offered her a radio
00:58:41but she didn't want it
00:58:42and she did not read
00:58:43no she wanted to read her
00:58:45not even newspapers
00:58:46or magazines
00:58:46no I think it was her eyes
00:58:48did it surprise you
00:58:49that she became confused
00:58:50no she was old
00:58:51she was old
00:58:52and that was the reason
00:58:53for her getting confused
00:58:54well old people
00:58:55do get confused
00:58:56don't they
00:58:56you told us
00:58:58that your own mother
00:58:59went into a hospital
00:58:59psychogeriatric ward
00:59:01or she attended to
00:59:02by a doctor
00:59:02while in your care
00:59:03yes
00:59:03did you send for the doctor
00:59:05yes
00:59:05what were your reasons
00:59:06my lord
00:59:07is this evidence necessary
00:59:09mr saunders
00:59:11my lord
00:59:12my learned friend
00:59:13used the evidence
00:59:14of the defendant's own mother
00:59:15no doubt as an indicator
00:59:16of good character
00:59:17i simply seek to use
00:59:19the same evidence
00:59:19to establish the defendant's
00:59:21previous experience
00:59:22in caring for an elderly person
00:59:23does that answer
00:59:25your question
00:59:26mr miles
00:59:26yes thank you my lord
00:59:27what were the reasons
00:59:29my mother behaved strangely
00:59:32in what way
00:59:33well she'd get up
00:59:34and go out
00:59:34in the middle of the night
00:59:35she brought a tramp home
00:59:36once to the house
00:59:37she'd talk about people
00:59:39in the house
00:59:39people who weren't there
00:59:40i can stop you there
00:59:41let me ask you this
00:59:41did not mrs ather's behavior
00:59:43alarm you in the same way
00:59:44no it wasn't so extreme
00:59:45well she threw her food
00:59:46on the floor
00:59:47accused you of trying
00:59:47to poison her
00:59:48threatened to starve herself
00:59:49that it was not extreme
00:59:50not as extreme
00:59:51that or the fact
00:59:52she was becoming weaker
00:59:52and having more difficulty
00:59:53in walking
00:59:54no no
00:59:55you weren't alarmed
00:59:55in the slightest
00:59:56well it's obvious
00:59:57i wasn't otherwise
00:59:58i'd have told somebody
00:59:59you truly believe
01:00:00that mrs ather
01:00:01upstairs in that room
01:00:03arthritic
01:00:03weakening
01:00:04frequently without appetite
01:00:06without medical attention
01:00:07was receiving a proper supply
01:00:09of the necessaries of life
01:00:10we did give her enough to eat
01:00:13but did you give enough care
01:00:14as to how much she ate
01:00:16i've already said
01:00:19she was an adult
01:00:20capable of feeding herself
01:00:21she knew how much she wanted
01:00:24i suggest to you
01:00:25that supplying the food
01:00:25was half the duty
01:00:26the other half was making sure
01:00:28she ate properly
01:00:28and if she did not
01:00:29getting medical attention for her
01:00:30it all depends on your definition
01:00:32of properly doesn't it
01:00:33were you aware
01:00:34of the large sum of money
01:00:35a sum exceeding 50,000 pounds
01:00:37which mrs ather possessed
01:00:38in her bank
01:00:38of course i was
01:00:39was that not a factor
01:00:40contributing to your indifference
01:00:42as to whether she lived or not
01:00:43we'd have to be monsters
01:00:45to do something like that
01:00:46and you've no right
01:00:46to suggest it
01:00:47she hadn't even made a will
01:00:50we never even thought
01:00:51of her making one
01:00:52in which case the money
01:00:52would have been divided equally
01:00:54between your wife
01:00:54and your sister-in-law
01:00:55a still considerable amount
01:00:56so what
01:00:57we never even thought about it
01:00:58when mrs shepherd
01:00:59your sister-in-law
01:01:00arrived and asked
01:01:01to see her mother
01:01:02you refused
01:01:02is that right
01:01:03that's right
01:01:04didn't you consider
01:01:05that mrs shepherd
01:01:05had a perfect right
01:01:06to see her mother
01:01:07after the way she treated her
01:01:08please just answer the question
01:01:10no i didn't think
01:01:10she had any
01:01:11what was your reason
01:01:12for refusing mrs shepherd permission
01:01:13her mother didn't want to see her
01:01:15didn't you go upstairs
01:01:16at the time and ask her
01:01:17no
01:01:17and how did you know
01:01:18because she'd said so before
01:01:20she never wanted to see rebecca again
01:01:22but wasn't she often
01:01:23in a confused state
01:01:24how do you know mrs ather
01:01:25meant what she said
01:01:26well from the way she said it
01:01:27am i right in saying
01:01:29that had mrs shepherd
01:01:30been allowed to go upstairs
01:01:31and see her mother
01:01:31she would have been
01:01:33the only other person
01:01:33to see her alive
01:01:34during her stay
01:01:35at the new inn
01:01:36yes
01:01:37i put this to you
01:01:38that you did not want
01:01:39mrs shepherd to go upstairs
01:01:40because you did not want
01:01:42her to see her mother's state
01:01:43i deny that strongly
01:01:45she was depressed you say
01:01:46didn't you feel
01:01:47she might benefit
01:01:48from a visit
01:01:48from her other daughter
01:01:49no i thought it might upset her
01:01:51you consider yourself
01:01:52the better judge
01:01:52in that instance yes
01:01:54during the last week
01:01:56of mrs ather's life
01:01:56your wife was in hospital
01:01:58leaving you in sole charge
01:01:59yes
01:02:00have you heard
01:02:00the medical evidence
01:02:01that by that time
01:02:03mrs ather was already
01:02:04in a starved state
01:02:05and suffering from a disease
01:02:07tuberculous meningitis
01:02:08the symptoms of which
01:02:09are headaches
01:02:10drowsiness
01:02:10confusion
01:02:11irritability
01:02:11leading to loss
01:02:12of muscle control
01:02:13paralysis
01:02:14and coma
01:02:14yes i've listened to it
01:02:16did you tell us
01:02:16you did not notice
01:02:17mrs ather was ill
01:02:18i didn't think
01:02:19she was ill enough
01:02:19to send for a doctor
01:02:20ill enough
01:02:21are you saying
01:02:21you noticed
01:02:22she was ill
01:02:22look
01:02:23my wife was in hospital
01:02:25i was running the pub
01:02:26are you saying
01:02:27you noticed
01:02:27she was ill
01:02:28she was very weak
01:02:29headaches
01:02:31so weak in fact
01:02:32you had to help
01:02:33her to the toilet
01:02:33yes
01:02:34yet you believed
01:02:35her strong enough
01:02:35to feed herself
01:02:36yes
01:02:36when you took up
01:02:39her food during
01:02:39that final week
01:02:40where did you put it
01:02:41well she always had it
01:02:42on a tray
01:02:42on her bed
01:02:43you say that
01:02:44when you went up
01:02:44it looked as though
01:02:45she'd eaten some of it
01:02:47though never a great deal
01:02:48yes
01:02:48what exactly do you mean
01:02:50by that
01:02:50well she'd stir the food
01:02:51up with a fork
01:02:52it was very difficult
01:02:52to tell her just
01:02:53how much had been eaten
01:02:54stir it up with a fork
01:02:55can you be more precise
01:02:56yes though she'd been
01:02:56picking it over
01:02:57but surely you could tell
01:02:58how much had been eaten
01:02:59well it looked as though
01:03:00some had been eaten
01:03:01I suggest none
01:03:02had been eaten
01:03:03look I couldn't tell
01:03:04you could not recognize
01:03:05a starving woman
01:03:06a woman who was starving
01:03:08because she'd ceased to eat
01:03:09no I didn't realize that
01:03:12when you went to visit
01:03:13your wife in hospital
01:03:14who looked after
01:03:15Mrs. Arthur
01:03:15no one
01:03:17she was all alone
01:03:19well it was only
01:03:20for a couple of hours
01:03:21at a time
01:03:21why did you not tell
01:03:23someone she was there
01:03:24why did you not
01:03:25ask someone
01:03:26to look in on her
01:03:26there was no one
01:03:27I could tell
01:03:28if we hadn't been
01:03:29in the village long
01:03:29we didn't know
01:03:30many people
01:03:31you run a pub
01:03:32and you do not
01:03:32know many people
01:03:33not to ask him
01:03:34something like that
01:03:35like what
01:03:35to look in on
01:03:36an old woman
01:03:37did you wash
01:03:39Mrs. Arthur
01:03:39during that final week
01:03:40no I didn't
01:03:43when you looked in
01:03:45on her
01:03:45and observed
01:03:46that she was
01:03:47asleep
01:03:48after a day
01:03:49in which she ate
01:03:50nothing at all
01:03:50did it not occur
01:03:52to you to go
01:03:52right up to her
01:03:53and check
01:03:53that she was alright
01:03:54no because
01:03:55I thought
01:03:55she was asleep
01:03:56and I didn't
01:03:57want to wake her up
01:03:58how had she been
01:03:59that day
01:03:59very drowsy
01:04:01she was a day
01:04:02away from death
01:04:02Mr. Barber
01:04:03look if I'd have
01:04:04noticed something
01:04:05I would have
01:04:05called a doctor
01:04:06I suggest you
01:04:07had left it
01:04:07too late
01:04:08I suggest you
01:04:10were too frightened
01:04:10to send for the doctor
01:04:12members of the jury
01:04:16who was responsible
01:04:19for the condition
01:04:20of this old lady
01:04:20when she died
01:04:21do not lose sight
01:04:23of the fact
01:04:23that for three months
01:04:24she lay virtually alone
01:04:26in an upstairs bedroom
01:04:27of the inn
01:04:27without any visitors
01:04:29without any attendance
01:04:31of a doctor
01:04:32only the regular attendance
01:04:35of the two people
01:04:36who were responsible
01:04:38for her care
01:04:38and well-being
01:04:39yet she died
01:04:41weighing only
01:04:41five stone eight pounds
01:04:43with very little fat
01:04:44on her body
01:04:44and in a starved
01:04:46and emaciated state
01:04:47does the fact
01:04:50that they never bothered
01:04:50to send for a doctor
01:04:51not suggest to you
01:04:53the most negligent
01:04:54of attitudes
01:04:55does the fact
01:04:57that no one else
01:04:58ever saw
01:04:58Mrs. Atta
01:04:59that Mrs. Sheppard
01:05:00even was turned away
01:05:01not suggest to you
01:05:03that they could see
01:05:04the terrible condition
01:05:06she was in
01:05:06for nearly twenty years
01:05:08we have heard
01:05:09this old lady
01:05:11nursed her husband
01:05:12at the hands
01:05:14of her daughter
01:05:14and son-in-law
01:05:15did she not deserve better
01:05:18members of the jury
01:05:21we have been led
01:05:23to believe
01:05:23that because
01:05:24Mrs. Atta
01:05:25was in a starved state
01:05:27she developed
01:05:28tuberculous meningitis
01:05:29the disease
01:05:30which killed her
01:05:31however
01:05:32Professor Mason
01:05:33has been prepared
01:05:34to admit
01:05:35that all of that
01:05:36starvation
01:05:36could have been
01:05:37attributable to the disease
01:05:39and that a mere
01:05:40deficiency in diet
01:05:41could have caused
01:05:42that tuberculosis
01:05:43to reappear
01:05:44sometime before
01:05:46the disease
01:05:47spread to the meninges
01:05:49now I suggest to you
01:05:52the possibility
01:05:53that that disease
01:05:55did reappear
01:05:56long before
01:05:58Mrs. Atta
01:05:58ever went to live
01:06:00with the barbers
01:06:00and this presents us
01:06:03with a very different picture
01:06:04because we can no longer
01:06:05be certain
01:06:06that any neglect
01:06:08by the barbers
01:06:09led to Mrs. Atta
01:06:10developing the disease
01:06:11which killed her
01:06:13will you members
01:06:16of the jury
01:06:17consider this tragic case
01:06:19not only with the utmost
01:06:20compassion
01:06:21but also with a regard
01:06:24to the very strong
01:06:25and nagging possibility
01:06:27that there may have been
01:06:29in truth
01:06:30no crime committed
01:06:32Members of the jury
01:06:37every person
01:06:40every person
01:06:40who takes charge
01:06:42of another person
01:06:43to provide
01:06:44the necessaries
01:06:45of life
01:06:46for that other person
01:06:48is criminally
01:06:49responsible
01:06:51if
01:06:52by reason of neglect
01:06:54death
01:06:56ensues
01:06:57to the person
01:06:58so neglected
01:06:59if the neglect
01:07:02of duty
01:07:03is such as
01:07:05to amount
01:07:05to a reckless
01:07:07disregard
01:07:08then the person
01:07:10responsible
01:07:11can be convicted
01:07:13of manslaughter
01:07:15now what
01:07:18if the necessaries
01:07:20of life
01:07:21were provided
01:07:23and Mrs. Atta
01:07:24neglected herself
01:07:26if medical advice
01:07:30was not sought
01:07:31and you thought
01:07:32that that was
01:07:34a gross neglect
01:07:35of duty
01:07:36then again
01:07:38it would be open
01:07:40to you
01:07:40to convicted
01:07:41of manslaughter
01:07:42you must ask
01:07:44yourself
01:07:45how apparent
01:07:47the self-neglect
01:07:49was
01:07:49there is
01:07:51no evidence
01:07:52that she did
01:07:53not eat
01:07:54during that
01:07:55three months
01:07:57though
01:07:59it is clear
01:08:00that she ate
01:08:01poorly
01:08:01you must
01:08:03decide
01:08:05if
01:08:06there is a
01:08:07foundation
01:08:07for the very
01:08:08real possibility
01:08:10that she
01:08:11disposed
01:08:12of food
01:08:13when she said
01:08:15that she had
01:08:16eaten it
01:08:17if you conclude
01:08:20that
01:08:21all the
01:08:23starvation
01:08:24took place
01:08:25during the
01:08:26disease
01:08:26then you may
01:08:28attach
01:08:29less guilt
01:08:30to
01:08:30Mrs. Barber
01:08:31who wasn't
01:08:33present
01:08:34during that
01:08:35final week
01:08:36how you
01:08:38apportion
01:08:38guilt
01:08:39will depend
01:08:41on how
01:08:42extensive
01:08:42you think
01:08:44the period
01:08:45of neglect
01:08:46was
01:08:46finally
01:08:49I must
01:08:51remind you
01:08:52that the
01:08:53burden
01:08:54of proof
01:08:54rests upon
01:08:55the prosecution
01:08:56before
01:08:58you can
01:09:00convict
01:09:00either of them
01:09:02you must
01:09:03be satisfied
01:09:04in either
01:09:06case
01:09:07beyond
01:09:07reasonable
01:09:09doubt
01:09:09that
01:09:11her death
01:09:12was brought
01:09:13about
01:09:13by the
01:09:14gross
01:09:15neglect
01:09:15of one
01:09:16or both
01:09:18the defendants
01:09:19in looking
01:09:20after her
01:09:21amounting
01:09:22to a
01:09:23reckless
01:09:24disregard
01:09:25whether
01:09:27she died
01:09:27or not
01:09:28I must
01:09:32now ask
01:09:32you to
01:09:33retire
01:09:33elect
01:09:35a foreman
01:09:36to speak
01:09:37for you
01:09:38and
01:09:40consider
01:09:40your
01:09:40verdicts
01:09:42members of
01:09:45the jury
01:09:45will your
01:09:46foreman
01:09:46please stand
01:09:47please answer
01:09:48my next
01:09:49question
01:09:49yes or
01:09:50no
01:09:50have you
01:09:51reached a
01:09:51verdict on
01:09:51which you
01:09:52are all
01:09:52agreed
01:09:52yes
01:09:53do you
01:09:54find
01:09:54Harold
01:09:54Barber
01:09:55guilty
01:09:55or not
01:09:56guilty
01:09:56of manslaughter
01:09:57guilty
01:09:57and that
01:09:58is the
01:09:59verdict of
01:09:59you all
01:09:59yes
01:10:00do you
01:10:01find
01:10:01Grace
01:10:02Barber
01:10:02guilty
01:10:03or not
01:10:03guilty
01:10:03of
01:10:04manslaughter
01:10:04guilty
01:10:05and that
01:10:05is the
01:10:06verdict
01:10:06of
01:10:06you
01:10:06all
01:10:06yes
01:10:07Harold
01:10:13and Grace
01:10:13Barber
01:10:14being found
01:10:15guilty
01:10:15of
01:10:15manslaughter
01:10:16were sentenced
01:10:16to two years
01:10:17imprisonment
01:10:17suspended
01:10:18as to half
01:10:19they can be
01:10:19released
01:10:20after one
01:10:20year
01:10:21and only
01:10:21save the
01:10:21remainder
01:10:22of their
01:10:22sentence
01:10:22if they
01:10:23re-offended
01:10:23you can
01:10:25join another
01:10:25jury when
01:10:26our cameras
01:10:26return to
01:10:27bring you
01:10:27a further
01:10:27case
01:10:28in the
01:10:28Crown Court
01:10:29against
01:10:43you
01:10:44you
01:10:44you
01:10:44you
01:10:46you
Recommended
1:10:45
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