A son accused of manslaughter told a psychologist he had “tried to help” his mother as she lay prone on a bathroom floor “for two weeks” before her death — but that she “repeatedly refused”.
Carlisle man Stewart Irwin, aged 56, is on trial at the city’s crown court. Irwin denies a charge which alleges the gross negligence manslaughter of 74-year-old Veronica Irwin.
Ms Irwin died in late July, 2023, within hours of her son calling for an ambulance.
He told a call handler she had lain where she fell, on a tiled bathroom floor inside the two-bedroom Rydal Street flat at which they both lived, for “two weeks” having apparently fallen.
Paramedics found Ms Irwin unconscious, semi-naked and malnourished. She was heavily soiled and had sores and maggots on her skin.
Medics initially thought Ms Irwin was dead but in fact she was “barely” alive. She died later in hospital from a combination of hypothermia and sepsis.
The prosecution say that Irwin “owed his mother a duty of care” and allege he is guilty of manslaughter because he failed to get help for her sooner.
Today the jury heard evidence from Dr Nicholas Todd, a consultant clinical psychologist.
Dr 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.
Dr Todd concluded that Irwin’s IQ of 84 fell within the “low average” bracket on a recognised adult intelligence scale which focuses on four key areas: verbal comprehension, perceptual reasoning, working memory and processing speed.
The majority of the population, he told jurors, would score within the “average” bracket, with “low average” being the second most common.
Further clinical testing of Irwin prompted the psychologist to conclude that there was no evidence of clinically significant autism.
And, referring to a third assessment strand, prosecutor Phil Barnes KC asked: “Did you find any evidence to suggest he lacked decision-making capacity at all?”
Dr Todd replied: “No.”
Mr Barnes asked: “Is there anything which occurred during your assessment which would suggest he (Irwin) had any defects in his ability to make independent decisions?”
Dr Todd responded “no” and said there was evidence of him being able to make independent decisions in various aspects of his life.
During cross-examination by Andrew Ford KC, Dr Todd said he and Irwin had discussed the relationship with his mother.
He 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”.
Irwin and Dr Todd also spoke about the criminal proceedings. Irwin said his mother had fallen and been on the floor for “some time”.
“Can you confirm he said he tried to help but she repeatedly refused?” asked Mr Ford.
“Yes. That’s what he said to me,” replied Dr Todd.
Irwin, jurors heard, told Dr Todd she would not allow him to use a phone to call for assistance.
“He called for help when he could barely feel a pulse and she would no longer able to refuse,” observed Mr Ford.
Dr Todd confirmed that was what Irwin had told him.
“Did she express a view that she would kick him out (of the flat) if he defied her wishes? asked Mr Ford.
“Yes,” replied Dr Todd. “I was asking Mr Irwin what was the worst that could happen if he had just gone against her wishes and made that call. That was what he said in response to that: that she could chuck him out.”
“Did he say that she had done that before?” asked Mr Ford.
“He did,” responded Dr Todd, “when she was drinking.”
During re-examination by prosecutor Mr Barnes, Dr Todd said his conclusion was that Irwin was capable of understanding that his mother’s condition might have been deteriorating.
Irwin would also have been able to understand the options available to him at that time; would have understood the concept of going against his mother’s wishes; and of somebody’s life being in danger.
The trial continues.
