When Kissel called in late August 2003, ``he was quite upset,'' private investigator Frank Shea told the court Monday, referring to a phone call with the deceased executive. ``He expressed concern that his wife was trying to kill him.''

Nancy Kissel, 40, who has pleaded not guilty and is out on bail, is accused of serving her husband a cocktail of drugs in a pink milkshake, leaving him unconscious as she bludgeoned him to death with a heavy metal figurine on the night of November 2, 2003.

Robert Kissel's decomposing body was found around midnight November 6, packed in plastic film and wrapped in an old carpet in a storeroom of the luxury Parkview apartment building.

Nancy Kissel told police at the time that on November 2, her husband had beaten her after she refused to have sex.

Shea, the owner of Alpha Group Investigations, the firm hired to spy on Nancy Kissel in Vermont, United States, while she was allegedly having an affair, told the High Court that Robert Kissel had concerns about his life months before he was drugged and murdered.

Shea told the court that while he was not officially employed by Kissel after the July 2003 surveillance, he maintained contact with Kissel because he was concerned about his well-being.

Shea said that Kissel told him that when he returned home and sipped Scotch, the drink tasted unusual and ``the effects of the Scotch were quite remarkable.''

Kissel would feel ``whoozy and disoriented,'' said Shea.

Shea said he was worried and advised Kissel to contact the police and his lawyers and to gather samples of hair, blood, urine and a vial of the Scotch.

But Kissel never went through with the advice because ``he felt guilty about his suspicions,'' said Shea.

Gary Plowman, senior counsel for Nancy Kissel, asked Shea whether he had been advised that the samples would reveal the presence of dangerous drugs. ``By dangerous drugs, I mean drugs such as cocaine?''

Plowman also pointed out that a ``second opinion'' was sought after further discussion about what might show up if hair samples were provided for a drugs test.

Shea said that cocaine was never mentioned in their discussions and that a ``second opinion'' had been sought only because Kissel was bald and could not provide enough hair for the samples.

Referring to an e-mail sent September 17, Plowman suggested that Shea was telling Kissel ``that the hair will test for illegal drugs and arsenic.''

Shea also said Michael del Priore, Nancy Kissel's alleged lover, was a television repairman living in a trailer park and in his late-twenties to mid-thirties.

He said the place where del Priore lived was ``extremely close'' to the Kissels' multimillion dollar home on Stratton Mountain, Vermont, and that he was physically fit and well-built.

But Shea's employee conducting the surveillance never himself saw del Priore.

Plowman said a lot of information had been provided by Kissel and that Shea's company was often forewarned of possible activities in Vermont.

``Did he tell you where he was getting that information from?'' asked Plowman. ``No,'' replied Shea.

Plowman also pointed out that Shea was later aware of the e-mails gathered by ``E-Blaster'' spyware installed on Nancy Kissel's computer to track her activities and that he and Robert Kissel seemed to be discussing issues of admissibility of evidence in a court trial.

Shea said they discussed possible legal proceedings.

Shea said he was only aware of the spyware after the surveillance had been conducted in Vermont.

Robert Kissel paid a little under US$25,000 (HK$195,000) for two sessions of surveillance on his wife in Vermont in June and July 2003.

Shea said he met Kissel in September in the latter's office with two other ``general counsels'' of Merrill Lynch on the possibility of selling his services to the bank.

Shea said it was not the sole purpose of his visit to Hong Kong.

Moris Chan, Kissel's secretary at Merrill Lynch, said she was instructed by Kissel's colleague and friend, David Noh, to ask CSL for Nancy Kissel's telephone records with a billing address of the Hong Kong International School where she worked as a volunteer.

The prosecution alleges that she used this phone to keep in touch with del Priore without Kissel's knowledge.

Under cross-examination by Plowman, Chan confirmed she was instructed to do the phone inquiries, and then fax the results to the police, by Noh, another top banker at Merrill Lynch.

``Did [Noh] tell you where he got that number from?'' asked Plowman. Chan replied, ``No.''

Chan also confirmed that the banker's office was left unlocked for six months and that she was not present when the police conducted their search.

Plowman informed her that Kissel had kept a pre-packed travel bag for emergency visits and a suitcase in his office, and also carried a Palm Pilot.

``Did you find [those items] when you tidied his office [six months later]?'' he asked.

``No,'' replied Chan.

The trial continues today.

albert.wong@singtaonewscorp.com