Pensioner who tried to murder his wife walks free from court

A PENSIONER who tried to murder his wife as his financial woes piled up has been spared a jail sentence.

Facing debts of about 25,000, retired surveyor Tony Ellis attempted to smother his wife Irene with a pillow and then strangle her. He planned to take his own life once she was dead.

Ellis, 67, told her during the assault: "I've no money left. I'm going to kill you."

Judge Lord Tyre put Ellis on probation for three years at the High Court in Edinburgh yesterday. He also ordered that Ellis carry out 240 hours unpaid community work and attend one-to-one treatment sessions with a psychologist following a finding that he had Asperger's syndrome.

The judge said he accepted the pensioner was "strongly motivated" to co-operate in the treatment and urged him to take full advantage of the diagnosis of the condition.

Lord Tyre said: "You have pled guilty to the very serious charge of attempting to murder your wife. It is a matter of great good fortune for you, as well as her, that your attempt was unsuccessful."

He said in most cases the appropriate punishment could only be achieved by imposing a prison sentence, but added: "The circumstances of this case are highly exceptional."

The judge said the explanation for what Ellis did appeared to lie in the Asperger's diagnosis. A psychologist had assessed him as posing a low risk of violence.

Lord Tyre said he had also taken into account a victim impact statement provided by Mrs Ellis in which she had stated "a very strong wish" for her husband of 30 years to be allowed to return home.

The judge said he understood "a programme for repayment of the debts which led to this offence has already been put in place".

Lord Tyre had previously told Ellis it was "inevitable" that he would have to consider jailing him after he admitted attempted murder.

Bill Adam, defending, told the court that Mrs Ellis wanted her husband to return home "as soon as possible".

Ellis had earlier admitted attempting to murder his wife at their home in Forres, Morayshire, on 26 September last year.

The court heard the couple had spent a few days in London before driving back to Forres and the following day went to the Old Mill Inn in Brodie for lunch before returning to their home.

During the attack, Mrs Ellis managed to kick her husband and the pillows were released. But he then knelt down at the side of the bed and put both his hands round her throat and tried to strangle her.

Mrs Ellis struggled with her husband and managed to summon the strength to push him and he took the pressure off her neck.

The victim managed to escape from their home, but she quickly returned to activate an alarm, and it was then she found Ellis with tablets.

Mrs Ellis, 72, told her husband: "Don't take these tablets.If you want money, I'll give you money."

After he was charged with attempted murder by police, he said: "It was temporary madness. There for seconds. That's it. I stopped. I regret it."