Source : Perth Now news
A woman accused of murdering her terminally-ill husband allegedly told police she “wanted him to go peacefully” in a bid to end his suffering, a court has been told.
In April 2025, Brisbane mother Kylie Truswell-Mobbs, 50, was charged with murder following the death of her husband in December 2023.
David Mobbs lived with motor neurone disease (MND) which left him unable to walk or speak.
The Crown alleges Ms Truswell-Mobbs unlawfully administered a “cocktail” of prescription medications to her husband, in his final stages of life – in a bid to end his suffering.
Ms Truswell-Mobbs is alleged to have told police in an interview just days after her husband’s death that she “didn’t want him to go … I just wanted him to go peacefully”.
During a bail application at Brisbane Supreme Court on Wednesday, the court was told Mr Mobbs was previously a “fit and strong” firefighter before he started exhibiting neurological symptoms associated with MND.
Defence barrister Ruth O’Gorman said the once-active Mr Mobbs became “entirely bedridden”, using “grunted noises” and blinking or signing boards as means to communicate.
His wife became his full-time carer and Mr Mobbs was investigating palliative care and voluntary assisted dying options, Ms O’Gorman said.
The court was told Ms Truswell-Mobbs admitted to injecting the lethal dose, telling police she did so at his request to end his life.
At a prior committal hearing, Ms Truswell-Mobbs’ adult son Rylee Relja gave evidence he claimed to have confirmed his beloved stepfather’s wishes, after his mother advised him what she was doing.
“He blinked at me twice, which meant ‘yes’,” Mr Relja said during his evidence.
On Wednesday, Ms O’Gorman argued the circumstances of Ms Truswell-Mobbs’ case had materially changed following a committal hearing in February this year.
She claimed the Crown’s case for murder would not necessarily return a guilty verdict as the jury was entitled to “give effect to an innate sense of justice and fairness” – referring to a recent unrelated Cairns Supreme Court matter relating to the death of a man who hired a fruit picker to amputate his leg.
Banana picker John Yalu, originally from Vanuatu, was acquitted of murder but guilty of manslaughter last month in the death of pensioner Kalman Tal.
At trial, the Cairns jury was told Mr Tal paid Mr Yalu $5000 to amputate his ankle and foot after experiencing pain and Mr Tal had previously approached others with a similar request.
Mr Yalu was found to have left Mr Tal to bleed to death instead of taking him to hospital following the amputation.
Ms O’Gorman said the jury were directed by Justice John Henry to considered the “innate sense of justice and fairness” and found in favour of the defendant, adding a similar directions could be open for Ms Truswell-Mobbs case.
While Ms O’Gorman conceded the case facts relating to Ms Truswell’s actions were largely “uncontentious”, she claimed the meaning behind the actions and evidence of Mr Mobbs’ desire to end his life left it open for the jury to find her not guilty or, alternatively, guilty of a lesser charge.
Ms O’Gorman said Ms Truswell-Mobbs was not at risk of flight, given her limited means, lack of criminal history and the fact she had never owned a passport or left the country.
The barrister further argued any risk of witness tampering – given her adult sons were expected to be called as Crown witnesses – could be ameliorated with conditions.
Crown prosecutor Sarah Dennis said the Crown case for murder was strong, with “each of the elements of murder made out”.
“(It seems) evidence is largely not in dispute about what actually happened … her intention was to end his life,” Ms Dennis alleged.
She argued the importance of witness statements from both Ms Truswell-Mobbs’ adult sons “could not be overstated”.
Referring to statements made at the committal hearing, Ms Dennis argued Mr Relja was the only other person to hear Mr Mobbs’ alleged request, with Jayden – Ms Truswell-Mobbs other son – stating he took the following day off work to spend with his stepfather.
Ms Dennis claimed, if Ms Truswell-Mobbs were released on bail and given leave to live with her adult son as requested, the topic of the trial “can’t help but naturally preoccupy the three people involved”, leading to potential witness interference.
Turning to the matters extended in the Cairns Supreme Court trial, Ms Dennis said she “could not accept” the direction was given as Ms O’Gorman described.
“I am not aware of the particular direction,” she said, stating she would need more time to research the legality of the claim.
While she did not concede a Crown case of murder, Ms Dennis said they were also considering whether a charge of assisting suicide could be added in the alternative.
“There is no firm position that has been reached in respect to that,” she advised the court.
The case was adjourned until Tuesday June 9 to investigate the legitimacy of the Cairns case connection.
Wednesday’s hearing marked the second time Ms Truswell-Mobbs had applied for bail.
Ms Truswell-Mobbs awaits the court’s decision in custody.
