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Son of retired detective who was stabbed to death by his epileptic stepson, 23, tells killer he 'loves him and to get better'

4 months ago 31

The son of a retired detective stabbed to death by his student stepson while in a psychotic state brought on by epilepsy today told of his 'hatred' as he was given an indefinite hospital order – but bravely forgave the killer.

In a breathtaking act of generosity, after spelling out to Ben Moglione the devastation he had inflicted by killing his 'amazing father', Andy McDiarmid's son Alexander told the killer: 'Get better, I love you.'

Moglione, then 21, launched a frenzied attack on the 64-year-old retired detective inspector with a kitchen knife at their £600,000 Wirral home while he was isolating in his bedroom with Covid, inflicting 13 stab wounds.

It came moments after he had been watching an episode of the BBC's Panorama programme about knife crime.

Doctors agreed that Moglione, a university student who played the cello, had been in a psychotic state brought on by his epilepsy.

Ben Moglione, 23, knifed Andrew McDiarmid, 64, at least 13 times after watching an episode of the BBC 's Panorama programme about knife crime 

Doctors agreed that Moglione (pictured), a university student who played the cello, had been in a psychotic state brought on by his epilepsy 

Ben Moglione's mother Alison, 56, previously told jurors her usually 'calm and placid' son, who had been diagnosed with epilepsy aged around 18, had appeared 'out of it' immediately after the killing

He stood for trial for murder, but after he admitted manslaughter on the grounds of diminished responsibility the more serious charge was dropped.

At his sentencing hearing today, Mr McDiarmid's grown-up children by a previous relationship spelt out the impact of losing their father in such traumatic circumstances.

Alexander McDiarmid said in his statement to Liverpool Crown Court that he had lost 'an amazing father' and 'my best friend.'

Recalling how Mr McDiarmid used to drive Moglione to Sheffield to attend university, he told him: 'My father tended your needs before anyone else and gave attention he didn't with his own children.

'I struggle to comprehend how you had his undivided love and care, yet you did what you did.'

Mr McDiarmid said his own family had been 'endangered' due to Moglione not being open about his condition, saying he had never apologised for the killing.

'I feel so much hatred and anger towards you but I don't think I can take this heavy load but I have to let it go,' he added.

'I want you to know I forgive you. Get better, I love you.'

Mr McDiarmid's grown-up children by a previous relationship told their killer step brother that they forgave him and wanted him to get better. Pictured: the family home where Moglione and Mr McDiarmid lived

In her statement, his sister Rachel McDiarmid, a teacher, said: 'Both my brother and I have been cheated of the next 20-30 years of a father who will never see our grandchildren grow up and see potentially further grandchildren.'

Moglione was first diagnosed with epilepsy after he began suffering seizures during his first year at Sheffield University, where he was studying chemical engineering.

He was having a break from his studies at the time of the tragedy in January 2022.

His mother, Alison Moglione, a lead officer for children's social care, was having a shower at the time, the court heard.

After inflicting the injuries - some with 'severe force' - to the chest and abdomen her son came into the bathroom to wash off his stepfather's blood and told her not to call the police.

She then asked: 'What have you done? Is it over?'

CCTV footage of the moments before the attack showed Moglione going into his step-father's room in his dressing gown and slippers with the knife.

Audio captured by the same camera picked him up asking: 'Hello. Are you all right?'

Mr McDiarmid replied: 'Yeah. Are you?'

Moglione answered: 'No. Not really.'

Gordon Cole, KC, prosecuting, said that 'screams, groans and heavy breathing' could then be heard on the footage.

Sentencing the defendant, now 23, Judge Andrew Menary, KC, the Recorder of Liverpool, said that he would be detained in a secure hospital for the foreseeable future.

'There was no warning to this attack and nothing had happened to provoke it,' he said.

'You simply armed yourself with a large kitchen knife, went to the bedroom and stabbed him multiple times when he was completely defenceless.'

He told Moglione, who showed no emotion throughout the proceedings, that he had 'irreparably devastated the lives of so many others who loved and who have lost a precious loved one.'

The student – who had no previous convictions or history of aggression – was 'in other respects are a perfectly ordinary young man', the judge added.

The judge said doctors had agreed that at the time of the attack Moglione was likely to have been suffering from post-ictal psychosis, a rare condition which affects some epilepsy sufferers.

Symptoms including auditory and visual hallucinations, delusions, paranoia and mania.

The court heard Moglione had become 'fixated' on 'bizarre ideas' about 'societal changes'.

But the judge said going downstairs to get the kitchen knife and taking it upstairs to attack his stepfather was a significant aggravating feature. 'The medical evidence is that you knew what you were doing,' he said.

Earlier the defendant's mother said in her own impact statement that her family had suffered 'indescribable pain and suffering' and had their lives 'blown apart.'

She has been diagnosed with post-traumatic stress disorder after the loss of her husband of 17 years and is still off work.

'It is hard to comprehend how this could happen to such a loyal and devoted family man,' she added.

She said that her son 'like the rest of the family will suffer for years to come from the most unimaginable tragedy that unfolded'.

'I ask you to return my son to me,' she added.

Moglione, who was dressed in a dark grey suit and sat with three hospital staff, showed no emotion during the hearing but looked over at his mother in the public gallery.

Consultant forensic psychiatrist Dr Stephen Owens, who has been treating him at Rowan View medium secure hospital, told the court that Moglione had been in a 'severe state of psychosis' when he was first admitted.

He said he had been talking about 'bizarre things' including revolution, the monarchy and his attitude towards his stepfather, with an underlying theme of inequality in society.

Dr Owens said Moglione had not suffered a seizure since May 2022 after being put on medication.

'Our concern is if he has a seizure in the future there could be further episodes of violence,' he added.

He said a treatment plan for Moglione would involve him being treated for between six and 12 months in a medium secure hospital before being sent to a low secure hospital.

If there were no further seizures or psychotic symptoms he would be prepared for release into the community.

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