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Friday May 9, 04:27 PM

Murdered man changed will before death

Former Qantas pilot Graeme Wylie's de facto wife arranged to change his will to get access to his $2.4 million estate one week before he died of an overdose of a euthanasia drug, a court has heard.

Mr Wylie, 71, died from a lethal dose of the barbiturate nembutal at his northern Sydney home in March 2006.

He had advanced Alzheimer's disease and had been refused an assisted suicide by Swiss mercy killing organisation Dignitas in December 2005.

Shirley Justins, Mr Wylie's partner of 18 years, is standing trial for his murder in the NSW Supreme Court in Sydney.

Long-time family friend Caren Jenning, 75, is also being tried, accused of supplying the lethal barbiturate.

Both women are members of euthanasia advocacy group Exit International and had consulted with the group's head Dr Phillip Nitschke about Mr Wylie's death.

Crown prosecutor Mark Tedeschi QC told the jury Justins, 59, decided to take her husband's death into her own hands after he was refused assistance by Dignitas.

Well-versed in mercy killing methods, the women had conspired to seek nembutal from Mexico, he said.

Justins also made arrangements for Mr Wylie to draw up a new will, leaving her all but $200,000 of his $2.4 million estate.

"The crown case is that the two accused put to death a very sick, feeble, confused and dependent old man, and at that time it suited them to do so, it accorded with their philosophy," Mr Tedeschi said.

"He was vulnerable to their suggestions and unable to comprehend the magnitude of what was proposed.

"At the time of his death, Shirley Justins had a gross conflict of interest, in that she stood to gain financially from his death in a substantial way.

"These were not actions out of loving kindness, but actions that were mistaken and, certainly in the case of Shirley Justins, out of self-interest."

Before the murder, Mr Tedeschi said the women had concocted a story, resolving to tell doctors Mr Wylie's Alzheimer's medication had prompted a heart attack.

They arranged alibis for the time of death and made elaborate efforts to coerce police and medical practitioners to release Mr Wylie's body without a post-mortem examination, Mr Tedeschi said.

But Justins' lawyer Peter Bodor QC said Mr Wylie had been planning his suicide for a number of years and attempted to slit his wrists in September 2005.

Two months before his death, Mr Wylie told an old Qantas friend his brain was "f***ed" and he wanted to "top" himself before it got any worse, Mr Bodor said.

He told a number of his friends and family that he wanted a "peaceful and dignified death" and intended to commit suicide, he said.

"Shirley Justins did not kill Graeme Wylie," Mr Bodor told the court.

Jenning's barrister Michael Williams QC said the retired schoolteacher also denied supplying Mr Wylie with nembutal or being involved in his death.

Four months after the death, Mr Williams said Jenning was approached by another euthanasia advocate who was seeking nembutal.

Mr Williams said Jenning was offered a business-class flight and $10,000 to go to Mexico for the 85-year-old woman, who was also hoping to euthanase her Alzheimer's-affected husband.

Jenning went to Tijuana, but ultimately returned to Australia empty-handed, deciding it was too dangerous to venture into the back streets in search of the drug, he said.

Justice Roderick Howie urged the jury to keep an open mind and said even a circumstantial evidence case could be enough to prove someone's guilt.

Mr Wylie's daughters are expected to take the stand on Monday, when the trial continues.

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