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A man who stabbed his mother in the neck before stamping on her head must remain in a psychiatric hospital for treatment, a judge has ruled.
Jamie Burnett, of Old Road, Chatham, was charged with murdering his 55-year-old mother Lesley Spearing at her home in Oast View Terrace, Rainham, on October 10 last year.
However, on Monday Judge Charles Gratwicke ruled the 28-year-old was not fit to stand trial and a jury was asked to determine simply whether he committed the act outlined by the prosecution, rather than determine guilt in the usual way.
Following a two-day hearing, the jury yesterday ruled he had committed the act after hearing compelling uncontested evidence and the judge imposed a hospital order and restriction order.
The court had heard evidence from Jamie's brother, Stephen Burnett, who had been in his bedroom on the evening of October 10, when he heard his mother scream - and had run downstairs to find his brother holding a knife.
He had attempted to wrestle Jamie away from his mother, although Jamie had stamped on her head twice before leaving the property.
Lesley's niece Kiri Augar, who had also been living at the house, had attempted CPR, as did Stephen, before ambulance crews arrived and took over.
Tragically they were unable to save her and Lesley was pronounced dead at the scene, with a knife wound being identified as the sole cause of death.
Ms Augar described how Jamie had been acting strangely the day before the attack.
She had been on the top floor of the three-storey house in her room when she heard Lesley scream and ran downstairs to find Stephen and Jamie wrestling.
"Lesley was on her feet next to them and was shouting 'phone an ambulance', but I didn't have my phone," she said. "I saw Stephen was trying to keep Jamie away from his mum, who was also stood next to them trying to break them up."
Pathological evidence later given to the court suggested Lesley could have remained active for a period of time, ranging from tens of seconds to over a minute, in the wake of sustaining the fatal neck wound.
Ms Augar went to get her phone as the two brothers continued to fight and had to leave the room while talking to the ambulance operator.
As the fight progressed she saw Lesley was sitting down upright against a cupboard and a short while later she was "slumped over".
"I heard the front door open and the next second Jamie had disappeared," she said, explaining she and Stephen both attempted to carry out CPR until ambulance crews arrived.
A statement was also read out from Susan Nash, sister of Lesley, who said Jamie had displayed signs of mental illness since he was 16, and had been through spells of staying in hospital and living in supported housing.
She said he was not meant to have had contact with his mother since an incident in which he grabbed her by the throat, which had led to him being arrested, but despite this the mother and son had maintained a degree of contact, and Jamie had occasionally visited.
"There was a community order saying he could not contact her because his behaviour was too volatile," she said.
Ms Nash explained Lesley had got in touch with a care coordinator because she was concerned Jamie's medication was coming to an end.
In the weeks leading up to Lesley's death there had been a number of incidents in which Jamie had become angry, she said, adding that "it was as if he was blaming Lesley for being put back on medication".
On one occasion he shouted "know your place woman" and asked: "Who is this doctor? He doesn't even know me."
He said also declared: "I’m going to be doing life. This is my life from now on,” and repeated the statement that he was "going to be doing life" on different occasions.
Susan said Lesley had made sure there was always someone with her before seeing Jamie.
DC Andrew Tateson from Kent Police's major crime department, said DNA found on a black-handled kitchen knife matched Lesley and DNA found on the handle was a match for Jamie.
He also pointed to CCTV evidence which had tracked Jamie’s movement away from the house after the incident and past a Citroen garage.
It was there that a police officer had found writing in blood on a window of that garage, said DC Tateson, adding: "He believed it said ‘I love you mum’."
A recording of Jamie’s subsequent phone call to the police was played to the court, in which the defendant had said he had assaulted someone and was ‘afraid for his life’ before stating he was near Jack’s Fish Bar in Rainham.
He told the call operator he could see police nearby and promised to be compliant before walking towards officers, who then arrested him. Video footage of the arrest was also played to the court, in which Jamie could be heard stating: “I love my mum, I love my dad, I love my brother but I had to do what I had to do.”
Ambulance crew member Donna Walker had also attended the scene and treated Jamie. He had told her he had cut his fingers by holding a kitchen knife. A statement from her said Jamie had added: “I used it to cut my mum’s throat, to kill her.”
She continued: “I asked if that was his intention. He replied ‘yes’."
The court heard Jamie had subsequently made a series of other admissions to a doctor at Medway Maritime Hospital and the day after at Medway Police Station.
"The whole family and I miss Lesley enormously. We feel let down over the treatment Jamie received.”
After the jury's verdict, a victim impact statement from Ms Augar was also read to the court, in which she described her close relationship with her aunt, explaining: "I saw Lesley as a second mother figure.
"I felt I could tell her anything and would often confide in all sorts of things.
"The whole family and I miss Lesley enormously," she added. “We feel let down over the treatment Jamie received.”
An impact statement from Ms Nash said she had a close relationship with Lesley, her only sister, and that her health had suffered as a result of the loss.
She said the whole family had been affected adding: "There’s a lot of anger in all of us about what has happened, and what will happen in future."
Dr Tariq from the Trevor Gibbens Unit, where Jamie is a patient, said the risk posed by Mr Burnett remained high if not treated properly and believed he should should require a restriction order as well as a hospital order.
The judge addressed Jamie via video link stating: "You have been found by this jury to have killed your mother. I say nothing further regarding this offence, as tragic as it is, because of the disability you suffer from."
He then imposed a hospital order and restriction order.
