A TWO-YEAR court nightmare for a grieving North Yorkshire family has ended after York’s top judge made a “unique” decision.

Takahiro Yasutake, 49, his mother Michiko Yasutake, 78, and his older sister Yoshika, 55, were arrested and charged in connection with their behaviour following the death of Takahiro Yasutake's younger sister Rina in the autumn of 2019.

The prosecution alleged that they had concealed Rina’s death by keeping her corpse at the family’s home in Bondgate, Helmsley, and not informing the relevant authorities she had died.

At York Crown Court, the CPS persuaded the Recorder of York, Judge Sean Morris, to let the charge lie on the file, which means it will appear on their criminal records but not as a conviction.

“These three defendants suffer from a very extreme and rare mental affliction,” he said. “It has created an unique situation for the criminal courts.”

He said that had the case gone to trial the prosecution would not have opposed the jury returning a verdict of not guilty by reason of insanity.

Had the family been convicted the only sentence he could have passed would have been one of an absolute discharge after social services told the court the family had no needs that would require a supervision order and psychiatrists had ruled the family did not suffer from a medical condition that would justify confining them to a psychiatric hospital.

“A unique case and unique circumstances justify a unique disposal,” he said.

None of the family were present at the hearing.

On their behalf, Craig Hassall QC said they would abide by conditions set down by the prosecution as part of the arrangement which led to the end of the case.

They will agree to let the police and the social services in Helmsley conduct welfare checks on them.

An earlier hearing heard that psychiatrists had prepared two reports on the two living children and three on the mother.

A North Yorkshire Police and CPS statement said: “This was a very complex, sensitive and sad case. North Yorkshire Police had a duty to investigate the circumstances of the woman’s death and present this evidence to the Crown Prosecution Service.

“Having considered this evidence, the CPS had then to decide whether any criminal offences had taken place, and whether it was in the public interest to prosecute.

“The decision not to proceed has been considered at the highest level within CPS Yorkshire and Humberside, and in discussion with the police.

“It was agreed that it was not in the public interest to prosecute, and that the case should be left to lie on file.”

Michiko Yasutake was found unfit to stand trial.

Her two children denied the charge and were to have stood trial on May 18 at York Crown Court but the case was adjourned for a multi-disciplinary hearing between social services, police, mental health experts and GPs to take place.

The resumption of the case was repeatedly postponed until today (Tuesday, November 9).