Killer loses claim to lover's estate

Killer loses claim to lover's estate

A convicted killer who claimed he should inherit his victim's £250,000 estate has been condemned by a judge for his "exploitation of a vulnerable old man".

Hairdresser Dominic Dalton, serving six years for the manslaughter of his gay lover Bernard Murphy, had asked a High Court judge to exempt him from the legal principle which bars people from profiting from their crimes.

Mr Justice Patten gave detailed reasons on Wednesday for his decision to reject Dalton's plea six weeks ago.

The judge ruled that, although retired society hairdresser Mr Murphy had left Dalton the bulk of his estate in a 1996 will, Dalton was not entitled to the money.

'Violence and abuse'

"Mr Murphy was killed by someone he had befriended and to whom he had only ever been generous," said the judge.

"He was rewarded by violence and abuse, both physical and financial."

Over a two-year period from 1998, £156,000 of Mr Murphy's money was spent on holidays, jewellery and improvements to the house the pair shared in Crown Street, Kemp Town, Brighton.

The "reckless" spending, most of which was not to the benefit of Mr Murphy, was only restrained by the intervention of his bank, said the judge.

If ever there was a case of a vulnerable old man being exploited, this is it

Mr Justice Patton

He regretted the affairs of Mr Murphy, whose former clients included Maureen O'Hara and Una Stubbs, had not been placed in the hands of the Court of Protection.

"If ever there was a case of a vulnerable old man being exploited, this is it," said the judge.

Dalton, 44, strangled 79-year-old Dublin-born Mr Murphy with his dressing gown cord after an argument at their home in December 2000.

Senile dementia

He denied murder but in July 2001 was convicted by a jury at Lewes Crown Court of manslaughter through diminished responsibility, which he admitted.

Dalton said he was suffering from depression when he "snapped" in a state of frustration.

Mr Murphy's surviving nephews and nieces successfully contested Dalton's claim he was their uncle's devoted carer for many years when he suffered from senile dementia.

Mr Justice Patten said Dalton, as Mr Murphy's carer, took advantage of him even if his illness did make him at times difficult to deal with.