Source : Perth Now news
A woman allegedly murdered her terminally ill partner soon after he delayed making a decision on legal assisted dying at a palliative care meeting, a judge has heard.
Kylie Ellina Truswell-Mobbs, 50, was arrested on April 3, more than a year after the death of David Ronald Mobbs, 56, at Alexandra Hills, in Brisbane’s southeast, in December 2023.
During a bail application in Queensland Supreme Court on Tuesday, Justice Glenn Martin heard Mr Mobbs suffered from motor neurone disease, an “aggressive and degenerative” nervous system disorder.
Motor neurone disease, also known as MND, is usually terminal within a few years of diagnosis and rapidly damages a person’s ability to walk, talk and eat over time.
Crown prosecutor Sarah Dennis opposed bail and said Truswell-Mobbs was accused of making three attempts to administer a combination of drugs to Mr Mobbs via his feeding tube on the night of December 5, 2023.
“Her conduct was purposeful and determined. It continued over a number of hours through the night … her intent was protracted,” Ms Dennis said.
She alleged Truswell-Mobbs took “matters into her own hands” after a meeting earlier that day concerning Mr Mobbs’ palliative care.
“(Mr Mobbs) indicated in the presence of a number of people that he wished to go on or at least have a further week before he considered his end-of-life options,” Ms Dennis said.
“Despite that, within hours, (Truswell Mobbs) had commenced to administer drugs in order to bring about the end of his life.”
At the time of his death, Mr Mobbs used a signing board to communicate.
Justice Martin heard police would claim Truswell-Mobbs told a close family member and a professional carer that she had given Mr Mobbs a lethal amount of drugs.
Ms Dennis said police had a statement from the carer that claimed Truswell-Mobbs had said she “couldn’t take it anymore”.
Defence barrister Ruth O’Gorman said Truswell-Mobbs should be granted bail as she had no prior criminal record and had not attempted to flee in the year before she was charged.
“It’s not inevitable that the Crown would proceed with the charge of murder against her, or that the jury would convict,” Ms O’Gorman said.
“There are other charges which are or may be open on the evidence; (such as) a charge of aiding suicide.”
Ms O’Gorman said Truswell-Mobbs had been living in the community for 16 months while knowing she was under police investigation but there were no allegations she had interfered with witnesses.
Justice Martin said there was a difference between a person knowing they were under investigation and knowing they had been charged with murder.
“It can be said the prosecution has a substantial amount of evidence that would tend towards conviction,” Justice Martin said.
He refused bail and Truswell-Mobbs is due to have her murder charge mentioned on April 28 in Brisbane Magistrates Court.
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