A MAN who killed his wife by stabbing her 11 times in the stomach walked free from court yesterday to allow him to return to the family home to look after his three sons.

David Swinburne, 45, sobbed openly in the dock as the judge, Lord Prosser, deferred sentence for a year.

Swinburne admitted carrying out the attack on his unfaithful wife Margaret, 39, at their home in Lochalsh Place, Blantyre.

Addressing Swinburne, Lord Prosser, said: ``Culpable homicide comes in many different forms. The scale rises to assaults of horrendous gravity comparable with murder.

``What you did is well up the range.

``The courts have recently recognised the stresses involved, notably in cases where a wife has used uncharacteristic violence on her husband.

``The circumstances provide desperately sad events which allow me to see this in a different light than the bare facts of violence suggest.''

Mr Ian Hamilton, QC, defending, said later: ``This is yet another case which illustrates the enormous power which society entrusts to our judges.

``It is the power to be human and the power to be severe. Let us hope that no petty politician, for cheap gain only, succeeds in reducing the power of our judges.''

During the court hearing the dead woman's father and sister gave evidence in defence of Swinburne.

He lifted a kitchen knife and repeatedly plunged it in to her stomach after she told him she was leaving to live with her lover.

As his wife lay dying Swinburne screamed: ``Margaret, what have I done. Don't die on me, I didn't mean to do it.''

When a neighbour arrived at the scene Swinburne was in tears. He said: ``I've stabbed her. I think I've killed her. She was leaving me.''

Gravely injured and covered in blood Mrs Swinburne managed to tell ambulance paramedics what had happened. She said: ``I was leaving him for another man and he stabbed me with a knife.''

She died an hour later at Hairmyres Hospital in East Kilbride from massive blood loss.

The knife wounds had penetrated her stomach and abdomen and severed arteries.

At the High Court in Airdrie Swinburne admitted the culpable homicide of his wife.

Following the March 6 killing, Swinburne told police: ``I just went crazy. She was having an affair with this man.

``I tried to get her to come home. I went to the kitchen and got a knife. I told her if she left me I would kill her.

``I stuck the knife in to her. I stuck it in a few times. I just don't know.''

The court heard how Mrs Swinburne began seeing another man when welder Swinburne had to leave home to work in England. She was left at home to look after the couple's three sons aged 18, 15, and 13.

Mr Hamilton said she turned to drink and neglected the welfare of the family.

The oldest boy, Derek, took responsibility for his two younger brothers.

Although Swinburne's salary was paid directly into his bank account giving his wife easy access to the cash, he returned home to find a mountain of debts.

Bills had not been paid and mortgage payments had not been met.

Mrs Swinburne had emptied the #5000 balance from their joint bank account, and #8000 in a bank account for the children had also been taken.

Mrs Swinburne had also taken out a #3000 bank loan.

The court heard that there was no indication what the cash had been spent on.

Mr Hamilton said: ``This man who had been working so hard returned home to find a swarm of debt.''

At the time of the killing Swinburne had found work nearer home at Rosyth, which involved 12-hour night-shifts four days a week.

Mr Hamilton said the strain and provocation had become too much for Swinburne.

He said: ``This woman was living what can only be described as a riotous lifestyle. She was staying out, and my client was spending much of his time trying to find out where she was.

``He was watching the effects on the children and distraught at the effects on her.''

Giving evidence, Mrs Swinburne's sister, Ms Angela McNicholas, 36, said: ``As far as I am concerned David Swinburne is my brother-in-law. He was under immense pressure.''

The dead woman's father, Bernard O'Neill, 65, said: ``The whole family is behind David. We will continue to give him support.

``The children have lost one parent. To lose two is too cruel a blow.''

Lord Prosser said consideration had to be given to the victims of violent crime. In this case, the three children were also victims.

He added: ``I am deeply reluctant to injure the children further.''

He told Swinburne the year's deferral would be used to see if allowing him to remain at liberty was in the best interests of the children.''

Swinburne left the court surrounded by family and friends, head bowed and still sobbing. He refused to comment saying only: ``I've been through enough.''