Simon de Bruxelles
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A pensioner who was charged with murdering his partner after police recorded him apparently confessing to his cats was cleared yesterday by a jury that decided his comments were the ramblings of an old man.
David Henton, 72, was hugged by members of the jury before returning home to his two long-haired Persian cats Pudsey and Twinkle.
During a seven-week trial, Swansea Crown Court was played hours of secret and largely inaudible recordings of Mr Henton muttering to himself and the cats.
Mr Henton, a former lorry driver, had been charged with the murder of Joyce Sutton, his companion of more than 30 years, more than a year after her death. Although the couple never lived together he would visit her every morning bringing her a newspaper and making her a cup of tea.
The prosecution claimed that Mr Henton battered Mrs Sutton, 66, to death after she became depressed and took to her bed, refusing to get up.
The bugging devices were installed in Mr Henton’s home after tiny shards of glass believed to have come from Mrs Sutton’s back door were found in his car.
The prosecution claimed that Mr Henton could be heard telling Pudsey and Twinkle: “They know I did it, see. A bloody woman. It’s too much, too much. I had to do . . . about it.
“What can I do now? I hit my Joyce. So, I don’t know what’s going on. I don’t know if they can prove it or anything. What am I going to say if they find anything?” He added: “I did this to Mummy, up there.”
The following day he was allegedly caught saying: “Hi Joyce. It’s Dai. They know I did it, see.”
Then he apparently said: “I’m still under suspicion. Oh, my Joyce. I will get a solicitor. They know it was me. They had my car in and they searched it.” But much of the recorded material was inaudible and the prosecution and defence failed to agree on much of what was said.
Mr Henton’s barrister, Elwen Evans, QC, pointed out that the police tape machines also picked up statements such as “he’s still out there”, which she said could indicate that her client believed the killer was still on the loose. She said: “This was just a lonely old man talking to his pets.”
At one point according to the prosecution, Mr Henton said: “Good God alive. Don’t panic now. Police car I got. Good God I don’t believe I’ve done it.” But the defence version of the same segment read: “Good God alive. Police car I got . . . come on now, I’m coming,” interrupted by coughing, a clunk and road noise.
Mrs Sutton’s son, Darren, 44, was also arrested by detectives investigating his mother’s murder, and during the trial Miss Evans accused him of being the killer. He denied the accusation and said that he had been home all night watching television with his wife then, Anna, who backed his story.
Mr Sutton was later jailed for two years after pleading guilty to rape.
After the verdict Anna Sutton had to be restrained from attacking Mr Henton in the foyer of the court.
She said: “Darren definitely didn’t do it. I don’t think the jury listened properly.
“I don’t know where we go from here. She was a lovely old lady and there will never be any justice for her.”
A spokesman for South Wales Police said senior officers were considering whether to reopen the case.
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