A 78-year-old man has appeared in court accused of killing his wife by putting tape over her mouth and holding her nose after she allegedly asked to die.

Harry van S. was arrested in June when his 72-year-old wife was found dead at their home in Delft.

A judge in The Hague rejected a request from his lawyers to release Van S., who has spent the last four months on remand, from prison pending his trial.

“It appears that you actively took steps that contributed to the death of your wife,” the judge said. “That is a serious offence whatever form it takes.”

Van S. said he was fulfilling the “express wish” of his wife, but the prosecution said there were “no solid indications that she wanted to die on the day in question.”

Even if it were proved that she had a sincere wish to die, Van S. was still guilty of an offence because he was not authorised to assist her. “As a citizen you are not allowed to decide when it is someone’s time to die,” the prosecution said.

Euthanasia is permitted in the Netherlands, but it must be carried out by a doctor under strict conditions and every case is examined afterwards by the prosecution service.