When murdered banker Robert Kissel shoved aside his wife during an argument in their luxury flat, she responded by saying, "you'll never live that down,'' a friend of the dead man testified in the High Court.

Nancy Kissel, wife of the former Merrill Lynch banker is accused of serving her husband a pink milkshake laced with sedatives that left him unconscious at the foot of their bed as she bludgeoned him to death with a heavy metal ornament on November 2, 2003. She denies the charge.

At the time, Kissel told her domestic helper that her drunk, cocaine-fuelled husband had assaulted her. His decomposing body was found four days later, wrapped in a rug in a storeroom at the couple's Parkview, Tai Tam, home.

The post-mortem revealed five different hypnotics and sedatives in his body.

David Noh, a confidant of Robert Kissel, testified Wednesday the victim believed there was a specific ``turning point'' in his marriage.

Noh testified that Kissel told him that during an argument he had shoved his wife because she kept yelling at him.

``He told me she then said, `you will never live that down' or `you will pay for that', words to that effect,'' said Noh, although he was unable to remember the exact date of the incident. Nonetheless, he said, the victim believed that to be turning point in the marriage.

Senior counsel for the accused, Gary Plowman, pointed out this was the first time Noh had mentioned that despite four previous written statements.

The prosecution alleges that when Noh spoke to Robert Kissel on the telephone at around 5pm on Sunday, November 2, a couple of hours after drinking the milkshake, the victim seemed sleepy, tired and depressed.

Noh testified Wednesday that during the conversation, he wanted to discuss work issues. ``But Rob was on a different tangent,'' he said. ``His response was bizarre.''

Noh said the victim had talked about export growth, real estate prices and networks between Hong Kong and the mainland without making much sense.

``Being good friends, I actually made fun of him,'' said Noh.

Plowman, pointed out that Noh's first written statement - a missing person's report - filed November 6, made no mention of tiredness or depression in relation to that telephone conversation.

Noh said he thought he mentioned it during a verbal interview with the police that day.

Plowman noted that Noh had kept up a correspondence with a police inspector regarding the investigation into the banker's death.

Noh filed another written statement, on November 20, in which he mentioned for the first time the tiredness and depression in relation to that conversation.

Plowman suggested: ``When you made that second statement, it was made with the knowledge of the post-mortem report.''

Noh replied, ``It could be.''

Plowman asked if ``in the course of the first interview with the police [on November 6], did you discuss with the inspector what the deceased had told you about his plan to discuss divorce with his wife on November 2?''

Noh answered, ``Yes I did.''

To which, Plowman asked: ``Did you also tell the person interviewing you that he was concerned about retaining custody of his children?''

Noh replied, ``Yes I did.''

Noh met the victim when they worked together in the corporate distressed-debt division at investment bank Goldman Sachs.

In August 2000, they both left for Merrill Lynch where they established a team working on similar business. Kissel became a managing director and Noh vice president.

The victim's annual income in 2003 was US$175,000 (HK$1.37 million), not including the US$5.9 million he had amassed in bonuses in his three years with Merrill Lynch. The Parkview monthly rent of HK$152,000 was paid by the bank.

Noh said he and Kissel worked closely together, often from 9am until well past midnight. Noh said the victim was ``extremely professional and thoughtful. He basically got along with everyone.''

``He constantly spoke of the kids. That was by far the most important thing in his life,'' said Noh.

Senior assistant director of public prosecutions Peter Chapman asked Noh what the victim did after work when in Hong Kong?

Noh said Kissel would go home and on the weekends he would spend time with the kids.

The prosecutor then asked about social gatherings.

``We have our fair share of company functions,'' said Noh, but the times he and the victim would attend together were ``pretty few and far between.''

He added: ``I don't think he had a drinking habit other than a social beer or two.''

He said Kissel had received advice to tie up as many divorce lawyers as possible so the accused could not gain access to one. He said the victim had also told him that he had found out via ``E-blaster'' computer spyware that the accused had been looking at ``dark Web sites involving drugs and death.''

When Kissel failed to attend a conference call on November 2 and did not show up at work the following days, Noh made several calls in an attempt to locate him.

He had known Kissel had planned on discussing divorce with the accused on November 2.

Eventually he got through to Nancy Kissel at home, who told him first the couple were resolving ``family issues'' and then that the victim had ``health issues.''

The body was discovered in the early hours of November 7.

The family's domestic helper testified Monday that the accused had told her money, power and stress at work had led Robert Kissel to take cocaine and assault his wife.

Plowman suggested to Noh that the victim's move to Merrill Lynch had caused him more stress since he was given more responsibility. Noh said he thought the opposite.

While at Goldman Sachs, Kissel and his colleagues had been competing for a promotion and were ``trying to figure out who was the last man standing,'' said Noh.

But at Merrill Lynch, he was secure as managing director, said Noh.

Since Noh worked directly under Kissel, ``your career path was very much in his hands,'' said Plowman.

In the days following the alleged murder on November 2, the prosecution alleges that Nancy Kissel bought furniture items to replace the blood-stained items in the master bedroom as part of her attempted cover-up.

Earlier Wednesday, Suzara Serquina from the Tequila Kola furniture outlet in Horizon Plaza, Ap Lei Chai, testified that a woman came into her store on November 3 to purchase some goods. Serquina assisted her in purchasing carpets, bed covers, cushions and a chaise longue.

The lady was wearing dark sunglasses indoors, dressed casually and was noticeably loud.

She spent over HK$15,000 the first time, and returned the next day to spend HK$27,120 on two carpets.

``Whose signature is that at the foot of the slip'' for the credit card bill, asked the prosecutor.

Serquina replied ``it's Nancy Kissel's.''

The trial has been adjourned briefly for administrative issues and should resume tomorrow.

albert.wong@singtaonewscorp.com