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No murder trial for mother who suffocated disabled children No murder trial for mother who suffocated disabled children
(about 2 hours later)
A mother who admitted suffocating her three disabled children before trying to kill herself will not face trial for murder, a court has heard. A mother who faced a murder charge after suffocating her three disabled children “to end their suffering” before trying to kill herself has had a plea of manslaughter by diminished responsibility accepted.
Tania Clarence, 42, had pleaded guilty to the manslaughter of Olivia, four, and twins Ben and Max, three, by diminished responsibility, but denied murder. Tania Clarence, 42, the wife of an investment banker living in south-west London, will not now face trial and is due to be sentenced next month when she is likely to face a hospital order.
At a hearing at the Old Bailey in London, Mr Justice Sweeney accepted her plea which means she will no longer face trial in the new year. The mother-of-four left three notes before allegedly smothering her four-year-old daughter, Olivia, and twin sons Ben and Max, aged three, while her husband, Gary, 43, was abroad. All three children had spinal muscular dystrophy (SMA) type 2, a life-limiting progressive disease which can cause fatal respiratory problems.
All three children had type two spinal muscular atrophy. Also known as “floppy baby syndrome”, the genetic condition leaves children with little control of their movements and can drastically shorten life expectancy. Clarence then tried to kill herself but was found by the family’s nanny and a neighbour.
Prosecutor Zoe Johnson QC said on Monday: “It is clear on the evidence [that] Mrs Clarence killed her three children because she wanted to end their suffering and at the time she committed the act she could not see any alternative or any other way out of their joint suffering.” She had denied murder and at an Old Bailey hearing on Monday, Mr Justice Sweeney accepted her manslaughter plea after the Crown Prosecution Service said that, in the light of medical reports, it was accepted Clarence was suffering from a major depressive episode at the time of the killings which amounted to an “abnormality of mind”.
Clarence, who was not in court, will be sentenced on 14 November when she is likely to face a hospital order. Prosecutor Zoe Johnson QC said Clarence had previously held the firm belief that the quality of her children’s lives was more important than their longevity – which was “entirely understandable”.
Johnson told the court that, in the light of medical reports, the Crown Prosecution Service accepted that Clarence was suffering from a major depressive episode at the time of the killings which amounted to an “abnormality of mind”.
But, she said, the mother had previously held the firm belief that the quality of her children’s lives was more important than their longevity – which was “entirely understandable”.
Jim Sturman QC, defending, said a hospital order would be a “just and compassionate” sentence.Jim Sturman QC, defending, said a hospital order would be a “just and compassionate” sentence.
“This is a truly tragic case,” he said. “Anybody who reads the evidence cannot fail to be moved.“This is a truly tragic case,” he said. “Anybody who reads the evidence cannot fail to be moved.
“This offending did occur whilst Mrs Clarence was suffering from an abnormality of the mind. She was manifesting stress throughout the life of the children by their suffering, and caring for three children with this condition was exhausting, distressing, debilitating and turned out to be overwhelming.”“This offending did occur whilst Mrs Clarence was suffering from an abnormality of the mind. She was manifesting stress throughout the life of the children by their suffering, and caring for three children with this condition was exhausting, distressing, debilitating and turned out to be overwhelming.”
He said that as a result of her illness Clarence had “no hope for the future” and her suicide attempt was genuine. As a result of her illness Clarence had “no hope for the future” and her suicide attempt was genuine. At the time, Clarence bitterly regretted that she had survived, but now she bitterly regretted the death of her children, he said.
Sturman said that, at the time, Clarence bitterly regretted that she had survived, but now she bitterly regretted the death of her children. The South African-born graphic artist was pregnant with the twins when it was discovered Olivia had the life-limiting genetic condition. When the boys were born, tests confirmed they also had SMA.
Clarence’s husband, Gary, was in court for the hearing. Clarence was not in court for the hearing but her husband, Gary, who was attending a family gather in South Africa with the couple’s eight-year-old daughter at the time of the killings, did attend.
The family had moved into the large home in New Malden, Surrey, last year, having had it extensively adapted for their children’s disabilities.
At a previous hearing, which can now be reported, the court heard police were called to the house on 22 April by a neighbour who had gone to the house with the family’s nanny of four years. Gary Clarence was not due back from South Africa until 24 April.
The neighbour and nanny, who had keys, found the house in darkness, and a note on the bannister at the bottom of the stairs addressed to Clarence’s husband, written in Afrikaans, which read in translation: “Gary, don’t let [their elder daughter] go into the kids’ bedroom or our bedroom”.
Using the light from a mobile phone, the neighbour and nanny went upstairs, calling for Clarence and found her in a first-floor bedroom, Johnson said.
“She was telling them to go away. Saying it was too late and clearly sounded distressed and depressed.”
The neighbour asked if she had taken anything. “She said she had taken something yesterday but it didn’t work,” Johnson said.
“It was immediately apparent Mrs Clarence had tried to commit suicide.”
Police were called and the operator asked the neighbour to check if anyone else was in the house. The neighbour opened the door to another bedroom where they found the twin boys, clearly dead, and was so shocked that they couldn’t look any further and waited for police to arrive, Johnson said.
The nanny told police she was calling out to Clarence, who replied: “Just go. It’s too late. I’m a private person. Just go. Just go.”
Police found the bodies of all three children who were pronounced dead at 9.43pm.
A second note, found on top of a pile of clothing in the ensuite of the master bedroom, said: “Gary, I don’t want to be saved. Please, I can’t live with the horror of what I have done. I thought the pills would work. They didn’t.” A third note was for the nanny.
A police officer found Clarence clearly distressed, with an injury to her body. As the officer dressed the wound and asked what happened, Clarence replied: “I’m sorry, I’m sorry.” Asked why, Clarence replied: “I killed them.” Asked what she did, Clarence replied: “I suffocated them” and then started crying.
Clarence was taken to hospital for treatment to her injuries and told she would then be taken to a police station for interview. She replied: “Why do I have to do this. I’m guilty.”
She made no comment in her police interview.
At the station Clarence was assessed by a forensic psychologist, who ruled she could not be sectioned but was found to be at severe risk of suicide.
Children with SMA Type 2 have weakness in their muscles which means they cannot stand unaided, may have difficulty with other movements and are vulnerable to respiratory infections. But although it remains a life-limiting condition, improvements in care mean that most of those affected now have long lives.
Clarence is being detained at a secure hospital under the Mental Health Act. She will be sentenced on 14 November.