GUILTY UK - Diane Stewart, 47, found dead, Bassingbourn, Cambridgeshire, 25 June 2010 *arrest in 2020*

[Alyce]

Professor Safa Al-Sarraj, a consultant neuropathologist, was asked to examine preserved parts of Mrs Stewart’s brain. He observed “changes in the brain… consistent with early ischemia”.

He defined ischemia as “damage to the cells due to lack of oxygen and blood supply”.

He said he estimated the damage happened over 35 minutes to an hour but conceded he was a “bit reluctant” to give figures “as they are all estimates”.

Prosecutor Stuart Trimmer QC asked Prof Al-Sarraj: “(With a) healthy breathing human you don’t expect to find any evidence of ischemia, do you?”

Prof Al-Sarraj said: “No.” He said ischemia may be found in cases where a person dies after suffering from “restricted” breathing for “30 minutes plus”, but said: “You may have look carefully for it.”



Amjad Malik QC, defending, said: “SUDEP is possible as the cause of death for Diane Stewart, isn’t it?”

Prof Al-Sarraj replied: “I agree. Yes, it’s one of the things you have to consider – but it’s not the only cause of death you had to consider.”



A second expert witness, consultant neuropathologist Dr Kieren Allinson, said there was “no positive evidence of a recent seizure”, such as tongue biting.

He described epilepsy as “awful” and said “people die suddenly and unexpectedly of the disease”.

Dr Allinson agreed with Mr Malik that the absence of evidence of a recent seizure “doesn’t make it unlikely that SUDEP occurred”.

He said: “A history of recent seizure is a risk factor for SUDEP but often they haven’t had a seizure for many, many years.”


Ian Stewart murder trial hears from expert who analysed his dead wife’s brain

 

[Tortoise]

"Consultant neurologist Christopher Derry said he estimated that the risk of Mrs Stewart having a fatal epileptic seizure was about one in 100,000.

He said he “cannot exclude it… but it seems she was at very low risk of it occurring”.

He noted that she was taking medication for her epilepsy."

Ian Stewart murder trial hears from expert who analysed his dead wife’s brain

 

[Tortoise]

That's quite a long time to restrict her breathing. I wonder if it was achieved by something like a plastic bag placed over her head after she went unconscious. Horrible to think about but I don't imagine he had her in an arm lock for up to an hour.

 

[Owlpellet]

Do we know if there was epilepsy medication found her system? Or anything else...? What did the toxicology report say? And were there any suspicious injuries?

I'm just mulling over the question of what could have initially caused Diane to fall unconscious (other than a direct assault). Could an epileptic seizure have been deliberately induced?

I may be over-complicating things

 

[Skigh]

Husband who killed Helen Bailey 'murdered his first wife and blamed it on epilepsy,' court hears | Daily Mail Online

 

[Tortoise]

Do we know if there was epilepsy medication found her system? Or anything else...? What did the toxicology report say? And were there any suspicious injuries?

I'm just mulling over the question of what could have initially caused Diane to fall unconscious (other than a direct assault). Could an epileptic seizure have been deliberately induced?

I may be over-complicating things

This answers your question about injuries -

"The paramedic said there "didn't seem to be any effective CPR but we were told when he came out of the gate that he was just doing CPR".

"Generally effective CPR causes trauma," Mr North said.

"You crush the ribs, they pop, they snap, the airway is normally open.

"Not everyone knows how to do it but that's what you normally see if effective CPR is commenced."

He said he saw none of this.

Mr North also said he saw "blood-stained saliva" on Mrs Stewart's mouth but if there had been "effective mouth-to-mouth" he would have expected that to "have been everywhere".

He added there were "no obvious injuries" to the victim."

Ian Stewart 'didn't seem distressed' over wife Diane Stewart's death



This is the theory of the prosecution about the mechanism of Diane's death -

"Huntingdon Crown Court was told a pathologist and scientists found the death was most likely caused by "a prolonged restriction of her breathing from an outside source".

But jurors heard in a "stroke of fortune", Diane had donated her brain for research - with experts finding she had been either suffocated or strangled.

The oxygen to her brain had been "substantially reduced" in the hour before her death."

[...]

"Mr Trimmer said: “Helen Bailey’s murder is significant in this instance.

“Of particular significance is that he murdered a partner. He murdered her at home, in a home he shared with her.

“He murdered her at a time both his sons were absent.

“He murdered her mid-morning and murdered her [Helen] by restricting breathing, probably by a choke hold."

Helen Bailey's killer fiance 'smothered or strangled first wife to death'

 

[Tortoise]

In the 2010 emergency call, which was played to jurors on Tuesday, the defendant tells the 999 operator: "My wife had a fit. She's in the garden."

Asked by the call handler if his wife is breathing, he replies: "No, I don't think so, no."

[...]

The operator tells Stewart to "pump the chest hard and fast at least twice per second", adding: "We're going to do this at least 600 times or until help arrives."

The call lasts around 20 minutes, and for several minutes of it Stewart is heard counting "one, two, three, four".

[...]

Sat in the dock at Huntingdon Crown Court while the call was played in court, Stewart at times leaned forward with his head in his hands, shook his head, and looked up at the ceiling.

Their sons Jamie and Oliver Stewart, and Diane Stewart's sister Wendy Bellamy-Lee, sat in the public gallery in court as the call was heard.

Later in the call, the operator gives Stewart instructions to perform mouth-to-mouth on his wife.

He says: "It's difficult as I think she's been sick. I'm trying to clear it out."

more to read at link

Ian Stewart murder trial: 999 call saying 'my wife had a fit' played to court

 

[Tortoise]

Later the operator tells Stewart to "quickly go and open the door... then come straight back to the phone" to let paramedics through when they arrive".

He replies: "I've got the gates open."

Eventually sirens are heard in the background of the call, and Stewart is heard telling the arriving paramedics: "I think she's had a fit."

Chilling 999 call man who murdered kid's author made 'after killing 1st wife'

 

[Luwin]

It must all be so hard for the sons to listen to.

 

[MsMiniSleuth]

It must all be so hard for the sons to listen to.

Absolutely. As I said in an earlier post, it was bad enough the first time having to sit through all that came out, but this time is even worse for them as it's their own mother, and if he did kill her he robbed them of a whole lifetime together. I would find that very hard to forgive. I don't know if the sons still have contact with him?

 

[Alyce]

A husband on trial for the murder of his wife more than 10 years after she died seemed "aloof" and "totally unbothered" at her funeral.

Alexandra Bailey, an old friend who had known Mrs Stewart since they attended Salford University together in the 1980s, said in a statement read at Huntingdon Crown Court that Mrs Stewart's death was a "complete shock".

"When Diane died it was a complete shock to me, it was so unexpected," she said.

In the statement read by prosecution barrister Neil King, Ms Bailey said that she attended Mrs Stewart's funeral.

"I do recall Ian's behaviour at the funeral appeared a little odd," she said. "He seemed totally unbothered and seemed quite aloof."

She went on: "I didn't know if he was behaving this way for the boys but I just didn't feel it was right."




Murder accused husband appeared 'totally unbothered' at first wife's funeral | ITV News

 

[Alyce]

During questioning by prosecutor Stuart Trimmer QC, Home Office pathologist Dr Nat Cary told the court he would "expect to see injuries"on the outside of the body of someone falling to a concrete surface during a fit.

Mr Trimmer said: "We know no such injuries were found on the body of Diane Stewart.

"There was no tongue biting and it appears, although the conclusion is perhaps not as secure as it might be, that there was no loss of urine."

Dr Cary agreed that there were no injuries identified, and no evidence of natural disease.

Mr Trimmer asked: "In terms of what may have killed her, do you have views?"

Dr Cary replied: "Yes. One contender that needs to be considered is a syndrome called SUDEP - it's really a diagnosis of exclusion and an equal diagnosis of exclusion is having been put into such a state by some covert means.

"Smothering or interfering with the mechanics of breathing or some kind of drug use."

Mr Trimmer said that the "only kind of drug screen done after death was in relation to the anti-epileptic drug" taken by Mrs Stewart.

Dr Cary agreed that full toxicology was not done as part of the 2010 post-mortem examination.

The pathologist said that "sometimes in fatal neck compression, signs are pretty subtle".

He said that a neck dissection is "not a part of a routine autopsy".

Mr Trimmer said that Dr Cary was the pathologist who "dealt with Helen Bailey", whose body had been "in a cesspit for three months".

Dr Cary said there was "no injury that was visible" on Ms Bailey, and "there was no natural disease that was apparent".

Mr Trimmer said that Ms Bailey's "consciousness had been reduced by administration of a drug", and Dr Cary agreed that this was sleeping tablets.

Questioned by Mr Trimmer, Dr Cary described ways that the airway could be obstructed, including by an armlock.

"An armlock, if administered carefully, you can cap somebody's neck in the crook of the elbow," Dr Cary said.

"It used to be used by law enforcement agencies around the world as it was a so-called sleeper hold and could result in loss of consciousness in seconds.

"It compresses the carotid arteries on either side of the neck and prevents blood getting to the brain."

Dr Cary agreed with Amjad Malik QC, defending, that SUDEP was a "possible factor in the death of Diane Stewart" but added that "on the background of cases of SUDEP it becomes very unlikely".



Murder accused husband appeared 'totally unbothered' at first wife's funeral | ITV News

 

[Luwin]

Absolutely. As I said in an earlier post, it was bad enough the first time having to sit through all that came out, but this time is even worse for them as it's their own mother, and if he did kill her he robbed them of a whole lifetime together. I would find that very hard to forgive. I don't know if the sons still have contact with him?

I don't know, but I do feel if they decided to maintain a relationship with their father following his earlier conviction their betrayal will feel even deeper now

 

[Alyce]

A reminder from ISs trial for the murder of Helen Bailey


Pathologists told Stewart's trial she ( Helen ) may have been drugged into a 'stupefied' state by
'date rape-type' pills, put in a martial arts neck lock and suffocated



Why did it take THREE months to find Helen Bailey's body? | Daily Mail Online

 

[MsMiniSleuth]

The murder trial has heard today that convicted killer Ian Stewart seemed "totally unbothered' at wife Diane's funeral.

The 61-year-old, originally from Letchworth, is accused of killing Diane Stewart, 47, at their home in Bassingbourn in 2010.

Diane's cause of death was recorded at the time as sudden unexplained death in epilepsy (SUDEP).

Police investigated the case after a jury found Stewart guilty in 2017 of murdering his fiancée, Royston children’s author Helen Bailey, the year before.

A woman who had known Mrs Stewart since they attended Salford University together in the 1980s, Alexandra Bailey, said in a statement that Mrs Stewart’s death was a “complete shock”.

“When Diane died it was a complete shock to me, it was so unexpected,” she said, in a statement read at Huntingdon Crown Court by prosecution barrister Neil King.

She said that she attended Mrs Stewart’s funeral. “I do recall Ian’s behaviour at the funeral appeared a little odd,” she said.

“He seemed totally unbothered and seemed quite aloof.”

She went on: “I didn’t know if he was behaving this way for the boys but I just didn’t feel it was right.”

Home Office pathologist Dr Nat Cary said he would “expect to see injuries”, when asked by prosecutor Stuart Trimmer QC what he would expect to see on the outside of the body of someone falling to a concrete surface during a fit.

Mr Trimmer said: “We know no such injuries were found on the body of Diane Stewart.

“There was no tongue biting and it appears, although the conclusion is perhaps not as secure as it might be, that there was no loss of urine.”

Dr Cary agreed that there were no injuries identified, and no evidence of natural disease.

Mr Trimmer asked: “In terms of what may have killed her, do you have views?”

Dr Cary replied: “Yes. One contender that needs to be considered is a syndrome called SUDEP – it’s really a diagnosis of exclusion and an equal diagnosis of exclusion is having been put into such a state by some covert means.

“Smothering or interfering with the mechanics of breathing or some kind of drug use.”

Ian Stewart 'appeared odd' at wife Diane's funeral, court hears

 

[Beachdreams]

It’s all gone very quiet, does anyone know what is happening?

 

[Tortoise]

It’s all gone very quiet, does anyone know what is happening?

I haven't seen anything from Huntingdon Crown Court for the last two days, usually they post a line on lawpages that says 'no information to display' when trial is in session, so I'm assuming it's been paused for some reason. I'm guessing there could be absence or scheduling problems.

 

[Alyce]

It’s all gone very quiet, does anyone know what is happening?

Court Serve showed the trial scheduled for Thursday and Friday, but I can't see any daily detail. As Tortoise has said, just shows nothing to display for Court 4.

Usually forensics are the last prosecution witnesses to give evidence so I would have expected the Defence to have started their case on Thursday. Likewise, if there is a temporary halt ( has he sent in a sick note ?)
I would have expected this to be reported.

 

[Alyce]

The Crown Court at Cambridge


Daily Courtroom List for Monday 31 January 2022
FINAL 1

HUNTINGDON LAW COURTS


Court 4 - sitting at 10:00 am


THE HONOURABLE MR JUSTICE BRYAN




Trial (Part Heard)
U20220001 Ian Stewart

Case number T20217021


This is a Luton case sitting at Huntingdon, on this list for admin purposes.

 

[Skigh]

Husband convicted of murdering author Helen Bailey was paid £28,000 from life insurance policy | Daily Mail Online

A husband convicted of murdering children's author Helen Bailey was paid £28,000 from a life insurance policy 'after killing his first wife in 2010', a court heard.

Ian Stewart, 61, is accused of killing Diane Stewart, 47, at their home in Bassingbourn, Cambridgeshire, in 2010.

The cause of Mrs Stewart’s death was recorded in 2010 as sudden unexplained death in epilepsy (SUDEP).

Police investigated the case after a jury found Stewart guilty in 2017 of murdering his fiancée, children’s author Helen Bailey, the year before.

Neil King, prosecuting, said that Stewart received £28,500.21 from a life insurance policy and also received sums of money from her bank accounts.

'The total amount received was £96,607.37,' the barrister told jurors at Huntingdon Crown Court.

'In addition, there was £56,059.07 held by other financial institutions that was not claimed, as no correct probate paperwork had been presented to them.'