Son walks free over 'mercy killing'

The court heard Daniel Gardner devoted his life to his parents

A devoted son who killed his terminally-ill parents to end their suffering has walked free from court.

Daniel Gardner devoted his life to caring for his father Stanley, 79, and his 83-year-old mother Eileen at their home in Plumstead, south-east London.

Mrs Gardner had advanced Alzheimer's disease and her husband was terminally ill with blood poisoning and a heart condition.

But the pressure of looking after them overwhelmed their 51-year-old son, a diabetes sufferer who walks on crutches, and he became depressed.

On 4 March 2002 he placed plastic bags over their heads as they slept, placing their arms around each other so they would be together in death, the Old Bailey was told.

He then tried to kill himself by cutting his own throat but was found by local authority carers at the house in Walmer Terrace, Plumstead.

I am happy that my parents are now at peace and I will always remember them with the greatest love

Daniel Gardner

Sentencing him to a two-year community rehabilitation order, the judge told him: "At the time you were suffering from a serious depressive illness which put you under huge emotional strain.

"You felt you were acting in the only way you could. You are not a danger to the public."

Gardner, 51, had pleaded not guilty to murdering the couple but guilty of manslaughter on the grounds of diminished responsibility.

In a statement read by his solicitor, he said: "I am very grateful to the understanding that has been shown to me by the authorities and the court.

"I am happy that my parents are now at peace and I will always remember them with the greatest love."

Law 'does not work'

Local health authority Greenwich Primary Care Trust said carers would regularly visit the family and had been in contact the day before the deaths.

Spokesman Jeremy Barden told BBC London: "There was nothing recorded that gave any indication anything like this was going to happen."

After the case, Deborah Annetts, of the Voluntary Euthanasia Society, called for changes in the law.

She said: "The law simply does not work. It fails to give terminally-ill people the choice of a dignified death.

"The burden of assisting the death of someone with a terminal illness should not rest with family members."

The executive director of pro-life group Right To Life said in this case the judge's sentence was "apt" but taking a person's life was not the answer.

Phyllis Bowman said: "I think it is a tragedy, the man was obviously under pressure.

"But one needs to ask why his parents were not admitted to proper hospice or hospital care."