A MARCHINGTON woman suffering with her mental health has been found not guilty of assaulting her husband – but told not to contact him or her son for a year.
Phillipa Neary, of Allens Croft, denied assaulting her husband Philip at their home on May 12.
Moira Bell, prosecuting, told Burton Magistrates’ Court the 49-year-old, who is currently staying in Preston, suffers from bipolar and issues with alcohol which was causing increasing problems in her marriage.
Mr Neary also suffered a stroke leaving him with difficulties with movement in one arm and his speech.
Mr Neary told the court his wife would start drinking at around 6am.
On the day he claims to have been attacked, Mr Neary went for a drink and went to sleep when he returned.
He woke up the next day with an injury to his arm and accused his wife of attacking him in his sleep. Mr Neary said he was stabbed ‘down to the bone’ and it was sore.
However, when questioned by Michael Taylor, part defending, Mr Neary admitted he did not see her commit the injury.
Michael Neary, the couple’s son, said his mother was often abusive towards his father and he had decided to go and live with his partner that morning as he ‘felt he could no longer live there’ and took the dog with him.
When he returned the next day his father told him he had been stabbed.
PC Adrian Shenton, of Staffordshire Police, said a neighbour alerted police and when he arrived Mrs Neary seemed agitated and confused, continually saying her dog was missing.
After attempting to speak to Mr Neary on his own, he eventually got him to the police car to talk to him.
While taking Mrs Neary to the police station, PC Shenton said he became concerned about her mental health.
Mrs Neary said on that evening she was sorting out the family finances upstairs while her husband slept.
The following morning she noticed the blood on her husband’s arm and asked him what he had done, to which he said she had stabbed him.
When questioned by police, she said she was concerned about the dog as had heard Michael would be returning.
She accused Michael of blaming her for everything, saying she rarely goes out but has a glass of wine at home.
Presiding magistrate Peter Gee said: “It is clear your behaviour was unsettling and disturbed but since there is reasonable doubt we find you not guilty.”
However, after hearing police visited the house 10 times since 2011 in relation to domestic violence, magistrates imposed a 12 month restraining order preventing Mrs Neary contacting her son and husband.