Burglar is acquitted of Ada murder

Ada Hopkinson suffered horrific injuries when she was brutally attacked in her own home by burglar Ben Brough

A burglar who inflicted horrific injuries on a 94-year-old woman has been acquitted of murder on the directions of a judge.

Benjamin Brough, who was already serving a 12-year sentence for causing grievous bodily harm to Ada Hopkinson, was charged with her murder last year after she died almost three years after the attack.

The 21-year-old, from Leek in Staffordshire, went on trial at Stafford Crown Court on Monday after the Attorney General's Office granted permission for him to be prosecuted for a second time.

The trial heard that Mrs Hopkinson, who lived alone in Leek, died aged 97 after spending almost three years in hospital following a brutal attack at her home in March 2005.

The prosecution alleged that Brough's attack on the widow - which left her with a fractured skull and brain damage - played a substantial part in causing her death.

But Brough, who was convicted of causing grievous bodily harm after a trial in 2006, was cleared of murder on the directions of the trial judge.

In a statement issued after the acquittal, the Crown Prosecution Service said Brough had been prosecuted for murder following a review to establish whether or not it was possible to prove the cause of Mrs Hopkinson's death was directly attributable to the defendant and his actions.

Keith Prosser, the Acting Chief Crown Prosecutor, said after the case: "In order to establish the offence of the murder the prosecution needed to prove that the actions of the defendant were a substantial cause of Mrs Hopkinson's death. Having carefully considered this case, and sought expert opinion, we believed that there was sufficient evidence to suggest that this causation could be established.

"Accordingly, we were given consent by the Attorney General's Office to pursue this matter to a second trial. During the trial process this evidence has been tested and sufficient doubts have been raised for the judge to order an acquittal."

A spokesman for Staffordshire Police said: "Mrs Hopkinson's family have been made aware of the decision of the court. We understand that it has come as a disappointment to them. Our condolences go to Pat and (her husband) Keith Davis, who had to endure the pain and heartache of seeing Ada go from being an independent healthy woman to being unconscious in hospital for the last three years of her life. Throughout their ordeal they have handled the situation with remarkable dignity."