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AAP
AAP
National
Robyn Wuth

Wife charged with murder made promise to dying husband

Kylie Truswell-Mobbs is seeking bail while charged with murdering her terminally ill husband. (PR IMAGE PHOTO)

A woman accused of killing her terminally ill husband after he begged for release from the final indignities of his disease is fighting to be released from jail.

Kylie Ellina Truswell‑Mobbs is charged with murdering her husband, former firefighter David Ronald Mobbs, 56, at their Alexandra Hills home, southeast of Brisbane, in December, 2023.

She applied for bail in Brisbane Supreme Court on Wednesday as she awaits trial over her husband's death.

Mr Mobbs' once‑strong body had been devastated by an aggressive form of motor neurone disease diagnosed in April 2023, the court was told.

Defence barrister Ruth O'Gorman (file)
Defence barrister Ruth O'Gorman said her client was devoted to her husband's care. (Jono Searle/AAP PHOTOS)

Within months, he went from independent to entirely bedridden, unable to walk or move without assistance.

By December, he could no longer speak, communicating by blinking, making noises or using a letter board if someone lifted his hand.

Defence barrister Ruth O'Gorman said Truswell-Mobbs was "solely devoted to his care".

"The evidence from carers is that her care of her husband was 'unbelievable'," Ms O'Gorman said.

"His sister described her as 'amazing' and 'absolutely devoted' – she put her whole life on hold for him."

The court heard Mr Mobbs told his wife, sons and carers that he wanted to die at home, surrounded by family.

"There is evidence from a number of witnesses that he said if he ever became incontinent and reliant on others for toileting, that was the point at which he no longer wanted to continue living," Ms O'Gorman said.

On December 5, 2023, after a distressing incident in which he soiled himself while being moved, Mr Mobbs was described as distraught, crying and saying he had had enough.

That same day, a palliative care team visited the home to explain that feeding tubes could be withdrawn and pain managed to allow a "natural" death over days or weeks.

Jayden Relja and Rylee Relja (file)
David Mobbs told his sons Jayden Relja and Rylee Relja he wanted to die, the court heard. (Rex Martinich/AAP PHOTOS)

Formal voluntary assisted dying required multiple assessments and statutory waiting periods, with a minimum timeframe of about nine days and often longer in practice, the court heard.

Truswell‑Mobbs admitted to police she injected her husband's feeding tube with a cocktail of medications to help end his life.

It was an act driven by her husband's wishes, not malice, Ms O'Gorman said.

"What she says is that it was his dying wish – 'this is not my choice, he just wanted to go'," Ms O'Gorman told the court.

"She said she just wanted him comfortable and at peace."

Despite her confession, Truswell‑Mobbs was not charged with murder until 16 months later and has been remanded in custody since.

Ms O'Gorman argued the case was highly unusual and should be seen in the light of Mr Mobbs' clear, repeated pleas to end his life at home and his wife's long record of devoted care.

"She is a mature woman with no criminal history, no means to flee and deep, long‑standing ties to southeast Queensland," Ms O'Gorman said.

"It is now far from certain she will be convicted of murder and the suggestion she would simply disappear carries very little weight."

Justice Paul Smith adjourned the bail application until Tuesday so both sides could obtain and review a recent jury direction in a comparable murder trial, which the defence says could reshape how a jury assesses Truswell‑Mobbs' case.

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