Former soldier Andrew Wragg smothered his 10-year-old disabled son with a pillow before telling police he had "terminated" the boy, a court heard today.

Wragg, 38, denies murdering his son Jacob, who suffered with the rare degenerative disease Hunter Syndrome, but admits manslaughter on the grounds of diminished responsibility, despite not being charged with the lesser offence.

Philip Katz QC, prosecuting, told Lewes Crown Court that the Crown rejected Wragg’s claim that at the time of Jacob’s death on July 24 last year at the family home in Worthing, West Sussex, he was suffering an abnormality of mind.

The court also heard that although Jacob would have died young, he was not at "death’s door" and therefore the case could not be labelled a "mercy killing". However, the court heard how after his arrest on suspicion of murder, Wragg told police: "Please don’t judge me before you know the true facts. It was a mercy killing.

"My son wanted me to do it because he has a terminal illness. He’s at peace now. I loved him so much and now I have got to stand up in court and say I put a pillow over his head."

The court heard how it might be suggested during the trial that Wragg’s former wife Mary in some way agreed to what happened. Mr Katz said that Mrs Wragg was Jacob’s primary carer and was not even in the family home at Henty Close when the killing took place.

"We say this defendant had distanced himself from Jacob and that this was a selfish killing done in drink," Mr Katz said.

"It was Mr Wragg’s own perceived way out of a situation he found too difficult to cope with.

"The prosecution’s case on the issue of diminished responsibility is that whilst Mr Wragg may have been feeling disappointment, sadness, loss, fear and anger, and whilst all these emotions may have been reasonable and understandable given the difficult situation he found himself in, we say he was not suffering an abnormality of mind as to substantially impair his mental responsibility for his actions."

Mr Katz said the words "mercy killing" had nothing to do with the case, adding: "Jacob would have died young and possibly quite soon. He had a limited future but at the time of his death he was not in hospital - he was at home. He was not terminally ill in the sense that he was at death’s door.

"In any event, mercy killing is no defence to murder. It is still murder."

The court heard how shortly before 11.30pm on July 24 last year Wragg, who was found to be three and half times over the drink-drive limit, dialled 999 and told an operator he had just "murdered his son by putting a pillow over his face", Mr Katz said.

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