French justice condemns mother's "mercy" killing

Sometimes it seems justice can get it wrong - and sometimes it gets it right.

You judge for yourselves which way around it is in the following case - one in which French justice applied the law, which states that individuals do not have the right to take the life of another.

In April this year Lydie Debaine was acquitted of the murder of her daughter, Anne-Marie, in May 2005, even though she had always admitted killing her.

The Advocate General appealed that decision and brought the case to trial again this week - the verdict, a two-year suspended sentence for the 65-year-old.

Her daughter, Anne-Marie, was 26 years old when she died, but with a mental age of five. She was severely physically and mentally handicapped and needed the around-the-clock care of her mother, who gave up work to look after her.

Anne-Marie was in constant pain, incontinent, had severe headaches and frequent bouts of epileptic fits. Medical records also documented that her physical health was deteriorating.

"It was 26 years of anguish," said Debaine's husband, who although he didn't condone his wife's act, had "forgiven" her.

During the first trial Debaine acknowledged that she had killed her daughter by administering drugs and drowning her in a bath tub, but maintained that she had done it as an act of compassion.

"I didn't do it because she was handicapped, I did it because she was suffering," she said.

"It was and act of love. My daughter spent day after day without sleeping."

And that was once again her defence during the second trial this week - an appeal the Advocate General had sought to overturn the original jury's ruling because "such a verdict could act as an encouragement to others to take the lives of handicapped people."

Even though the Advocate General in the second trial was at one point reportedly reduced to tears and recognised that Debaine had been a "courageous mother", he insisted that it was important that handicapped adults be protected.

"I represent all young handicapped people so that such a thing never happens (to them)," said Michel Debacq.

"It's not possible to give up in these cases, that's simply not just," he added.

Debaine made no comment after Tuesday's verdict. But her lawyer, Cathy Richard, said that although not exactly satisfied with the decision, it was the minimum sentence that could have been given, and in that sense was symbolic.

"She's too exhausted to react," said Richard.

"She's disappointed, that's for sure, but she also has the feeling that the Advocate General actually listened and understood," she added.