An 82-year-old man has been spared jail after admitting killing his wife in what he believed was an “act of mercy”.
Martin Rudin smothered retired teacher Gabriella Rudin, 75, at their home in Histon, Cambridgeshire, early last New Year’s Eve.
Authorities were alerted after a carer arrived and was told by the defendant: “She has died. She has gone in the night.”
In early January, Rudin took an overdose before reporting himself to police, saying: “I’ve come here to tell you that I killed my wife.”
I accept at the time (the defendant) did believe he was doing what he believed to be an act of mercy— Judge Mark Bishop
He said he had smothered Mrs Rudin with cling film from the kitchen and explained she had Parkinson’s disease, suffered a fall in early December and had been “begging” him to kill her.
The retired civil engineer had denied her murder but admitted manslaughter by diminished responsibility, which was accepted by the Crown.
At the Old Bailey on Thursday, Judge Mark Bishop sentenced Rudin to two years’ imprisonment suspended for two years.
Judge Bishop said it was a “tragic case” involving a couple who had led a “loving and content, interesting life together”.
The judge noted there were signs the defendant was not coping with the “strain of being the principal carer”.
It is clear Mrs Rudin had been speaking of wanting to die and I accept the defendant was overwhelmed by her expression of wanting to die, given his depressed state— Judge Mark Bishop
He said: “I accept at the time he did believe he was doing what he believed to be an act of mercy.
“It is clear Mrs Rudin had been speaking of wanting to die and I accept the defendant was overwhelmed by her expression of wanting to die, given his depressed state.”
While acknowledging that frail and vulnerable people needed the protection of the law, the judge said: “The facts of the case require the court to take a merciful course.”
Earlier, prosecutor Maryam Syed said Mrs Rudin was the defendant’s third wife and that they had been married for 11 years after meeting online.
Mrs Rudin had been diagnosed with Parkinson’s disease in 2018 and was admitted to Addenbrooke’s Hospital last December following a fall.
Mr Rudin acted out of love, compassion and mercy for his wife who had expressed a desire to die, given her medical condition and circumstances she was living in— Christopher Paxton KC
On December 19, a medical review found a lack of engagement in her rehabilitation, with Mrs Rudin saying: “I just want to be dead. I’ve given up. Nothing can help me now.”
She was prescribed antidepressants before being discharged from hospital on Christmas Eve.
The court was told Mrs Rudin, who used a mobility scooter, had a stairlift at home and carers who would visit four times a day.
The day before her death, Mrs Rudin had spoken to her son about euthanasia and wanting to “go to Belgium” to die, the court heard.
But Ms Syed asserted there was no evidence of a settled decision that she wished to die over many months and years, having previously survived cancer and experienced periods of depression.
Mr Rudin deeply loved Gabby. His remorse is profound and everlasting— Christopher Paxton KC
In mitigation, Christopher Paxton KC said: “In a depressed state, Mr Rudin killed his beloved Gabby.
“Mr Rudin acted out of love, compassion and mercy for his wife who had expressed a desire to die, given her medical condition and circumstances she was living in.
“Mr Rudin deeply loved Gabby. His remorse is profound and everlasting.”
The defendant was a man of “exemplary” character, who had “worked across the world on major projects” and lived a “long and productive life”, the barrister added.
Rudin was supported in court by his three grown-up children.
This has been a thorough and extensive investigation under terribly sad circumstances, and my thoughts and sympathies are with the family— Detective Inspector Dale Mepstead
In a statement, Mrs Rudin’s son Hugh said: “Gabby was an intelligent, compassionate, and big-hearted woman.
“A wonderful mother, grandmother and sister who loved spending time with her family; she will be greatly missed.”
Detective Inspector Dale Mepstead, from the Bedfordshire, Cambridgeshire and Hertfordshire Major Crime Unit, said: “Mrs Rudin’s death has had a devastating effect on those who knew and loved her.
“This has been a thorough and extensive investigation under terribly sad circumstances, and my thoughts and sympathies are with the family.”
