Son of conductor Edward Downes escapes assisted suicide charge
Son of conductor Sir Edward Downes escapes assisted suicide charge
Friday, 19, Mar 2010 04:00
By Richard James.
The son of conductor Sir Edwards Downes will not be charged with assisting his suicide, the Crown Prosecution Service has announced.
The director of public prosecutions Keir Starmer said while there was sufficient evidence to prosecute Caractacus Downes over the death of his parents, it was not in the public interest to do so.
Sir Edward and his wife Lady Downes died at the controversial Dignitas clinic in Switzerland on July 10th last year.
Shortly after the death of his parents, Mr Downes contacted the Metropolitan police through his solicitors to report their passing.
Mr Starmer claimed evidence which proved Mr Downes had booked a hotel room for his parents and accompanied them overseas was sufficient information to charge him under the Suicide Act 1961.
"Having decided there is sufficient evidence to charge Mr Downes, it has been necessary to go on and consider whether a prosecution is required in the public interest, the DPP declared.
"The factor tending in favour of prosecution, in the specific circumstances of this case, is that it is clear that both Sir Edward and Lady Downes were able to book the hotel room themselves and that, nevertheless, Mr Downes undertook that act.
"However, looking at the factors against prosecution, the available evidence indicates that Mr Downes' parents had reached a voluntary, clear, settled and informed decision to take their own lives and in assisting them, Mr Downes was wholly motivated by compassion. Although his parents' wills show that Mr Downes stood to gain substantial benefit upon the death of his parents, there is no evidence to indicate that he was motivated by this prospect.
"Other factors against prosecution are that Mr Downes' actions in booking the hotel room can be characterised as of minor assistance and, after reporting the matter to the police, he fully assisted them in their enquiries into the circumstances of his parents' suicide.
"Having assessed the public interest factors in accordance with the code for crown prosecutors and the policy for prosecutors in respect of cases of encouraging or assisting suicide, we have decided that the public interest factors tending against prosecution outweigh those tending in favour and we have advised the police to take no further action in relation to Mr Downes."
Sir Edward, who was 85 at the time of his death, travelled to Switzerland with his terminally ill wife, Joan, 74, and chose to end their lives together, their family confirmed at the time.
Today's decision follows last month's prosecution guidance on assisted suicide which saw a shift of focus towards the motivation of the suspect, with the importance of compassion heavily emphasised.
The CPS confirmed on Friday it was also provided with evidence in relation to Sir Edward and Lady Downes' daughter, Boudicca Downes, but there was no evidence that she undertook any act in the UK which could have assisted her parents in committing suicide.