Paphos:  The prosecution failed to establish beyond a reasonable doubt that the 76-year-old British man killed his ailing wife with premeditation, according to a Cyprus court, which on Friday found the man guilty of manslaughter.

The three-judge bench came to a unanimous conclusion that David Hunter's decision to suffocate his 74-year-old wife Janice while she was seated in a recliner in December 2021 was a spur-of-the-moment choice; he snapped as he could no longer stand to see her sobbing in pain.

The court accepted witness testimony that Janice repeatedly begged her husband to kill her because she didn't want to follow in the footsteps of her sister, who passed away from the disease, and that she was afraid her blood condition would turn into full-blown leukemia.

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The court heard that after doing something "he never before thought possible — closing his hands over his wife's mouth and nose," Hunter made an attempt on his own life by ingesting a large number of pills, but medical personnel saved him.
The court used expert testimony that Janice Hunter had myelodysplastic syndrome, a blood cancer that "to a large extent" (up to 45 percent) could develop into leukemia, even though there was no conclusive evidence that she had done so because no tests were performed.
But according to the court, both the husband and the wife thought Janice would get it as a result of what happened to her sister.

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The court also agreed that Janice had repeatedly asked David Hunter to end her life and that he had done so because she "loved his wife and took care of her even under the most difficult circumstances without complaint."

The court ruled that there was no evidence of premeditation in David Hunter's earlier promises to Janice that he would assist her in carrying out her wish to end her life and stop suffering.

Before imposing a sentence, the court will reconvene on July 27 to hear mitigation arguments. Because of the ruling, Hunter will not receive the death penalty for premeditated murder.

Given the amount of time Hunter has already spent in custody, a suspended sentence would be appropriate, according to Michael Polak of Justice Abroad, a group that represents Britons in legal trouble abroad.

He was arrested right after his wife passed away, and he has been incarcerated for the past 1.5 years while he awaits trial.

"This case is still tragic. Since Janice and David had been together for more than 50 years, it is obvious that his actions were motivated by his love for her, according to Polak, who released a statement.
"We firmly believe that David serving any additional time in Nicosia Prison would not be serving any proper purpose."

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According to the prosecution, Cypriot authorities didn't want to set a precedent where any husband could kill his wife and then later claim—without any evidence—that he had the wife's permission to do so.

Reporters were informed by state prosecutor Andreas Hadjikyrou that the Attorney General would review the judgment in order to consider filing an appeal.
Hadjikyrou claimed that the couple's agreement for David Hunter to kill his wife would be a key factor under scrutiny.