Judge spares man who killed wife of 52 years jail from jail... but bans him from the local pub instead

Edward Flaherty, 74, strangled his wife of 52 years, Ina, with a tie after she refused to give him money to go out drinking.

Lord Matthews said Flaherty's dementia made him unsuited to prison.

Edward Flaherty banned from going into pubs after he was convicted of murdering his wife

Flaherty will be tagged and will have to stick to a year-long restriction of liberty order which will keep him inside his home during opening hours.

The judge told him: "You were found guilty of the culpable homicide of your wife who you were together with for many years.

"In normal circumstances this would attract a prison sentence in double figures.

"It is plain to me that if I were to impose that sort of sentence you would be released in a very short time because prison would not be able to cope with your condition.

"Sentencing you would just be a token gesture. I am anxious to impose a sentence that restricts your liberty.

"You still go to the pub where you went with your wife. That must annoy her relatives. Not being able to go there will be a more meaningful disposal than a prison sentence which will not last long."

Flaherty was convicted of killing his 69-year-old wife but the High Court in Glasgow was told that, in a medical report prepared for the court, Flaherty claimed he had killed his sister because she was cheeky.

Flaherty went on trial accused of murdering his 69-year-old wife at their Glasgow home, on April 2, last year.

A jury convicted him of the reduced charge of culpable homicide.

The jury was told that only slight pressure round Ina's neck could have caused her death because her arteries were furred-up.

In evidence Flaherty, said he had no recollection of the moment he throttled Ina who was just 18 when they married.

Flaherty, who has had three heart attacks couldn't even remember who the Prime Minister was and called him "that curly headed bloke".

But when asked who killed Ina retired scaffolder Flaherty said: "It must have been me. There are no ghosts running about the house who would have done that."

Some jurors wept as he told the court how he and Ina had a "strong and firm" marriage which lasted 52 years. He had never once struck her in all these years, and she had never hit him.

Defence QC Donald MacLeod said: "The report prepared for the court paints a picture of a man in significant physical and mental decline.

"There is a clear diagnosis of dementia setting in. It is a progressive condition and ultimately he will need 24-hour care.

"I am deeply conscious there has been a death here, but this man is very unwell.

"He was always willing to plead guilty to culpable homicide, but this was flatly rejected by the Crown and that is why a trial was necessary."