Family's fury at the CPS over decision to charge a loving elderly husband with the murder of his wife as a coroner ruled she killed HERSELF in a botched suicide pact

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A family slammed prosecutors over their decision to charge a 'suicide pact' grandfather with the murder of his wife - after the coroner ruled she killed herself.

Brendon Constant, 87, was arrested after emergency services found him 'close to cardiac arrest' when his wife Jean Constant, 86, suffocated, an inquest heard.

The retired chemist was charged with her murder - but died a week before he was due to enter a plea in court.

 Brendon Constant, 87, was arrested after emergency services found him 'close to cardiac arrest' after his wife Jean Constant, 86, suffocated, an inquest heard

An inquest into Mrs Constant's death on Wednesday concluded Mrs Constant died of asphyxiation with no evidence of any other injuries.

Assistant coroner Sean Horstead rejected a conclusion of 'unlawful killing', instead ruling she committed suicide and was a 'willing participant'.

The couple's sons, Simon, 55, a retired detective chief inspector with Cambridgeshire Police, and John, 57, said in a statement after the inquest: 'We remain baffled by the decision of the Crown Prosecution Service to charge our father with murder on the same evidence that the coroner has been able unhesitatingly to reach an independent conclusion of suicide.

'At the time when our father was charged with murder, the CPS were in possession of material which, in our view, significantly undermined the allegation of murder.

'It is our view that the CPS failed to properly review all of the evidence in this case and that they chose not to disclose material which significantly undermined their case.

'It is the CPS who owe us an explanation as to why they say evidentially this was murder - we don't accept that and if we are right about that why was it in the public interest to prosecute him for any other offence?'

 Mr Constant become depressed following a stroke and 'assisted' his wife to take her own life at Poppyfields nursing home in St Neots, Cambridgeshire, on August 22 2016, an inquest heard

Mr Constant become depressed following a stroke and 'assisted' his wife to take her own life at Poppyfields nursing home in St Neots, Cambridgeshire, on August 22 2016, the inquest heard.

A previous hearing was told carers at their sheltered accommodation found a note on their door saying: 'Do not enter, call the police'.

Paramedics were called and Mr Constant was found given oxygen but medics failed to revive his wife, it was said.

He was charged with murder by Cambridgeshire Police, but died from a head injury following a fall in April - a week before he was due in court.

An earlier inquest heard Mr Constant feared he may die first and leave Jean alone and he researched suicide after talking to his wife.

In police interview he said she knew about and agreed with his research, and the decision was mutual, it was heard.

In a statement he prepared for detectives, he wrote: 'I've been married to my wife Jean for over 60 years.'

Paramedics and police(including this officer pictured) were called and Mr Constant was found given oxygen but medics failed to revive his wife, it was said

'About a month ago Jean's health deteriorated and she was in hospital for a month. It was five years ago, possibly longer, that we looked at the possibility of suicide.'

'Her view reinforced mine, I was distressed at her deterioration and her distress. She made it clear over the weekend that she didn't want to go on.'

'It was on Monday afternoon we agreed to put our plan into operation. When I was sure she had passed I went about trying to take my own life.'

'I just wanted to die, I did not want to live without Jean.'

Assistant coroner Mr Horstead told the inquest criminal law states 'the survivor of a suicide pact' should be charged with manslaughter - but there had been no convictions for ten years.

He said today the couple enjoyed an 'unbridled relationship of affection' for six decades and had a 'settled intention' to enter a suicide pact.

He said the couple had a 'partnership in a relationship of unbridled affection and dedication and sensitive to the needs of one and the other'.

Mr Horstead told the inquest in Huntingdon: '[She was a] willing participant with assistance of her husband Brendon on the process which led to her death.'

He added: '[The couple had a] partnership in a relationship of unbridled affection and dedication and sensitive to the needs of one and the other.'

Referring to computer searches for suicide made by Mr Constant in the years before the suicide pact, the family's lawyer, Sally Hobson, told the inquest: 'The Crown, having had possession of that information, which supported there having been a suicide pact in this case, the Crown took the decision to charge with murder but not to disclose information that we say undermined their case and certainly assisted Mr Constant's case that there had been a suicide pact.'   

 A previous hearing was told carers at their sheltered accommodation found a note on their door saying: 'Do not enter, call the police'. Pictured: Officers arrive after the Mrs Constant was found dead

A spokesperson for CPS East of England said: 'The family of Mr Constant complained to the CPS earlier this year about the way the case against their father was handled and queried why he was prosecuted. 

'The Chief Crown Prosecutor for CPS East of England, Jenny Hopkins, wrote to the family in July 2017 responding to the points they raised and apologising that the offer in writing of a meeting with them was not made earlier.

'This case was properly reviewed according to the Code for Crown Prosecutors which sets the standard by which all cases are reviewed and we were satisfied there was sufficient evidence for a realistic prospect of conviction.

'We considered the public interest in this case very carefully given Mr Constant's age and the alleged motive for his actions. This included asking the police to contact his family so that we were aware of their views.

'However, we were satisfied there was sufficient evidence to show that Mr Constant had killed his wife unlawfully, with the intention required for murder. In these circumstances it would be highly unusual not to pursue a criminal prosecution.

'The fact that Mr Constant had made searches about suicide pacts did not undermine the prosecution case. 

'We would have used this material to support the prosecution and served the download reports on the defence as evidence in the course of our case.

'The function of the CPS is not to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for a jury to consider. 

'This is a different function from that of a coroner's inquest.'

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