Defense pounces on 'unfair police'


Albert Wong


June 28, 2005

A police inspector was accused by the defense in Monday's session of the milkshake murder trial of short changing accused killer Nancy Kissel's rights by interviewing her under false pretenses during the initial investigation into her husband's slaying.

Senior counsel for the accused, Alexander King, asked senior inspector See Kwong-tak why he gave Kissel the impression he was conducting a missing person investigation, despite having obtained search warrants on the basis of a murder investigation.

``We suspected that the deceased might have been killed inside the premises. But we did not have a firm suspicion that the defendant had killed her husband at that stage,'' See said.

Frustrated with See's answers, King said, ``You are playing around with me with these answers like a cat playing with a mouse.''

The police gained entry on the ``pretense'' of acting on a missing person's report, King suggested, because they would not have to caution her and inform her of her right to silence.

Nancy Kissel, who is out on bail, is accused of murdering her husband, Merrill Lynch banker Robert Kissel, on the night of November 2, 2003 after serving him a milkshake laced with drugs and then clubbing him to death and stashing his body in a storeroom. She has pleaded not guilty.

Kissel had told police that her husband was drunk on the night of November 2 and assaulted her after she refused to have sex.

She told one of her domestic helpers that the banker had taken cocaine, kicked her in the ribs and disappeared.

After receiving a missing person report and information about a ``large stinky carpet'' from a friend and former colleague of Kissel, the police conducted inquiries and a subsequent investigation at the Parkview apartments in Tai Tam on November 6.

While allegedly investigating an assault and a missing person report, police officers went into the master bedroom of the Kissel residence.

Seeing that the room was in a mess, See said his ``instinct'' told him that something was wrong and so he decided to ask Kissel about the storeroom.

Initially, the accused said she knew nothing about a storeroom, See said.

Later, she talked privately to her father as police waited in the living room.

See said they were within sight, but that he could not hear what they were saying.

``After that, he [the father] walked out to the living room and said, `Oh my God, I don't believe it' four or five times,'' while holding his head in his hands, See said.

King began his cross-examination after the senior inspector maintained that his intention was to investigate Kissel's assault claim as well as the missing person report.

``I had a little suspicion that the deceased had been killed. But I did not have a deep suspicion that the defendant had killed her husband,'' See said.

Asked if he had ignored Kissel's description of the alleged assault, See replied that he had been distracted by the ``disarray'' in the bedroom and that another officer was assigned the task of taking notes. See said he did not know whether that officer was paying attention.

The note taker, Yuen Shing-kit, testified last Friday that her recollection of what the accused was describing was ``sketchy.''

See said that, on entering the master bedroom, he suspected something was wrong and had neglected to ask the officer Yuen to enter the room as well.

King suggested that the ``disarray'' in the bedroom sparked his suspicion. See disagreed and said he was ``still not that certain it was a murder case.''

King pressed the point that the officers had obtained a search warrant on the ``very real suspicion that Mr Kissel was already dead,'' a point See would not concede.

Referring to the search warrants, King pointed out that See wrote, ``It is very suspicious that Mr Kissel had been killed by his wife and was concealed by the carpet inside the storeroom which was rented by Mrs Kissel.''

``So are you telling the magistrate that Mr Kissel is dead, that you suspect his wife is responsible and you suspect a body is inside the carpet?''

``Yes,'' replied See.

``Are you still saying that, when you rang the doorbell at 2250, your suspicion of murder was still only a very little suspicion?'' asked King.

``If we had a real suspicion, I would not apply for a search warrant, I would apply for an arrest warrant,'' See said.

See agreed with King that he would have had to caution and inform Kissel of her right to silence before he asked her any questions regarding a murder.

King pointed out that, if they had wanted to investigate an assault claim and a missing person report, they could have visited Kissel without waiting for a search warrant obtained on the basis of a murder investigation. He also pointed out that they could have opened the storeroom without asking the accused for the keys.

Earlier, See said police had also gone to the residence on November 7 to search for exhibits. See went again on November 8, at which time he found foul-smelling black plastic bags containing blood-stained items.

Control of the residence was returned to the domestic helpers on November 8, but he returned on November 12 to seize the couple's computers, See said.

albert.wong@singtaonewscorp.com

 


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