Woman cleared over husband's pool death

An elderly woman has been found not guilty of killing her despairing husband, who drowned in their pool with weights tied around his waist.

Hazel Margaret Spenceley (79) had been wed to 80-year-old Peter Spenceley for 57 years when he died in the backyard of their Perth home on December 20, 2016.

She has been on trial in the WA Supreme Court since last week, charged with manslaughter and accused of pushing him in.

Ms Spenceley was on Tuesday acquitted after about four hours of jury deliberations and there were gasps and tears when the verdict was delivered.

Outside court, walking with a cane, she sobbed as she thanked her supporters.

"I did not do anything to assist my husband," she told reporters.

"He was the most wonderful man in this world. I've got to learn to live without him."

The court was told that before he went into the water, Mr Spenceley was sitting at the edge of the deep end and had a bag containing two 3.1kg dumbbells tied around his midriff.

There was no suggestion his wife attached them or helped him to attach them.

Prosecutor Simon Freitag said Ms Spenceley told a paramedic and a neighbour who arrived to help that she pushed him in after he asked her to.

But defence counsel Justine Fisher argued she did not and was speaking figuratively, not literally, when she said "I pushed him".

They jury heard there was no dispute Mr Spenceley had previously threatened suicide and had "simply had enough" of stresses surrounding one of their sons, who had drug and debt issues.

Ms Fisher said her client was distressed, confused and also not speaking literally when she said by the poolside "my f***ing son has caused this".

Ms Fisher told the jury that if they found Ms Spenceley had pushed her husband in, that wasn't "a substantial or significant cause of death" because the father-of-two, who had early-stage prostate cancer, may have elected to stay under the water and was able to get out, even though he wasn't a strong swimmer.

The lawyer said Ms Spenceley did not know about the weights, which spilled out when police examined the bag.

While experts concluded the deceased had succumbed to immersion, Ms Fisher said he may also have suffered a sudden heart attack, given he had signs of heart disease.

The court was told Ms Spenceley tried to use a pole to get her husband out and ran next door to get help.

Mr Spenceley died on the eve of a cruise to the islands of Indonesia, which the couple had half-packed for.

Where to get help:

Healthline: 0800 611 116
Lifeline Aotearoa: 0800 543 354
Suicide Crisis Helpline: 0508 828 865 (0508 TAUTOKO)
Samaritans: 0800 726 666
Alcohol Drug Helpline: 0800 787 797
General mental health inquiries: 0800 443 366
The Depression Helpline: 0800 111 757
 

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