Lawyer, 42, jailed for neglect after her aged mom died in squalor soaked in her personal urine has her conviction quashed by the Courtroom of Enchantment
- Emma-Jane Kurtz was jailed in April for wilfully neglecting mom Cecily, 79
- Mrs Kurtz was discovered on a urine soaked couch in garments ‘unchanged for years’
- Courtroom right this moment mentioned it was not confirmed Mrs Kurtz was incapable of constructing choices
- It dominated trial choose ‘misdirected’ the jury and quashed the solicitor’s conviction
Joseph Curtis For Mailonline
Emma-Jane Kurtz, pictured, who was jailed in April for wilfully neglecting her 79-year-old mom has had her conviction quashed on attraction
A lawyer who was jailed for neglect after her aged mom died in squalid situations on a settee soaked in her personal urine has had her conviction quashed by the Courtroom of Enchantment.
Emma-Jane Kurtz, 42, who specialised in working with aged and susceptible individuals, was jailed for two-and-a-half years in April at Oxford Crown Courtroom.
She was convicted of wilfully neglecting her mom Cecily, 79, who was discovered lifeless on a settee in June 2014 with urine burns on her legs and again.
Three senior judges right this moment dominated the trial choose ‘misdirected’ the jury as a result of it was not confirmed that Mrs Kurtz lacked the psychological capability to make her personal choices.
The pensioner’s ‘wasted’ physique was found slumped on a settee in June 2014.
Prosecutors mentioned her trousers got here aside at a contact, and her garments had remained unchanged for years.
The reason for her dying was deep vein thrombosis and a dent within the couch confirmed she had not moved for a substantial time.
Decide Peter Ross, jailing Kurtz in April, mentioned the case concerned weeks and months of probably the most extreme neglect.
Cecily Kurtz’s ‘wasted’ physique was discovered on this urine soaked couch at dwelling in Didcot. The Courtroom of Enchantment dominated the trial choose misdirected the jury as a result of it was by no means confirmed Mrs Kurtz didn’t have the psychological capability to make her personal choices
He mentioned: ‘The state of Cecily Kurtz’s physique seemed like a photographed scene from the top of the Second World Battle in one of many focus camps.
However Kurtz, of Didcot, has all the time protested her innocence, insisting she did her greatest to take care of her independent-minded mom.
The Courtroom of Enchantment heard Mrs Kurtz had bipolar dysfunction, despair and OCD however ‘knew her personal thoughts’ and ‘would don’t have anything to do with medical doctors’.
Kurtz was of earlier innocent character and solicitor colleagues spoke of her ‘specific empathy for the aged’
Kurtz was of earlier innocent character and solicitor colleagues spoke of her ‘specific empathy for the aged.’
Overturning her conviction right this moment, Woman Justice Macur mentioned it had been needed for prosecutors to show that Mrs Kurtz lacked psychological capability.
And the failure to try this meant jurors at Kurtz’s trial had been ‘misdirected,’ dominated the choose, sitting with Mr Justice Julian Knowles and Decide Mark Wall QC.
Proof advised that ‘at a minimal, Kurtz ought to fairly have believed her mom to lack psychological capability in issues of private welfare’.
However, with out proof that the pensioner was now not able to making her personal choices, her daughter was responsible of nothing, the choose dominated.
‘Which means the choose misdirected the jury in a fabric method and we’re satisifed that Kurtz’s conviction is subsequently unsafe’, Woman Justice Macur concluded.
Crown legal professionals had requested for Kurtz to be retried, however the choose dominated one other trial ‘wouldn’t be within the public curiosity.’