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Bruises found on the elbows, arms and hands of
accused murderer Nancy Kissel when she was examined in hospital on the day of
her arrest were signs of ''classic'' defensive injuries inflicted when a person
tries to fend off a blunt, hard instrument, the High Court heard Tuesday.
Under cross-examination by the defense, Dr Li Wei-sum was asked whether she
agreed with the statement, read out from a medical textbook, that bruises found
in those areas were consistent with the scenario where ``someone was putting up
their hands to protect oneself from an attack,'' hence the bruises on the back
of the hand.
``It can be,'' she replied.
Kissel, 41, is accused of serving her husband, Robert, a milkshake laced with
sedatives and beating him to death with a heavy metal ornament as he lay
unconscious in their Parkview apartment on November 2, 2003.
Kissel told a doctor and the police at the time that her banker husband had been
drunk and assaulted her after she refused him sex, and that he then
disappeared.
She denies the charge and is out on bail.
Her husband's decomposing body was found wrapped in a carpet in a storeroom in
the Parkview residential complex in Tai Tam on November 7, 2003.
Li testified Monday that she had treated Kissel on November 7 when she was
escorted to Ruttonjee hospital by police.
She said she found abrasions on Kissel's lip, chest, knees and feet. There were
also bruises on her upper and lower forearms, shoulders and back of her hands.
The color of the bruises suggested they were caused one or two days earlier.
Li also said elevated levels of the enzyme creatine kinase (CK) in blood taken
from Nancy Kissel could be a sign of damage to the muscles surrounding the
arms, legs and ribs due to either physical injury, strenuous exercise, a heart
attack or some other medical conditions.
``Someone can come off a rugby field or out of a boxing ring with damage to
[those] muscles?'' senior defence counsel Alexander King asked.
``Yes,'' she replied.
``Someone can come out of a fight with damage to [those] muscles and these
matters can cause a rise to your CK levels,'' King said. Li agreed to the
assertion.
``Given that the accused did not have a heart attack, does not suffer from any
relevant medical conditions and had bruises in areas described by medical
textbooks as being `classic positions' for defensive injuries, a possible cause
of the elevated CK reading is a result of Mrs Kissel receiving blunt force
injuries - is it not?'' King asked the doctor.
Li replied, ``It can reflect Nancy Kissel had muscle injuries, but I cannot be
sure she received blunt force injuries.''
On re-examination by prosecutor Peter Chapman, Li agreed she had ``conceded'' to
King that she thought the bruises could have been made two to three days before
examination, rather than one to two.
Since she examined the accused on November 7 - a Friday - ``if you go back three
days, that would take us back to Tuesday morning,'' Chapman told Li.
She had agreed with King that using the color to determine the age of the
bruising was only a general guideline and that it was better to say whether it
was ``recent or old.''
Li said the muscle injuries could also have been caused by ``heavy exercises
using the shoulder muscles, lifting of a heavy weight or early starters to gym
exercises.''
Chapman said at the opening of the trial that the injuries were due to ``the
considerable effort in wrapping the body with the carpet - and placing the body
in the rug.''
Also Tuesday, Anthony Hung, the head of the debt market for the Asia Pacific
region at Merrill Lynch - who was once Robert Kissel's former superior at the
investment bank - described the him as ``a very good colleague.''
``I found him a very straightforward person, easy to work with and a very good
businessman,'' he said.
Regarding Robert Kissel's drinking habits, Hung said he was ``just like many of
the colleagues that I have,'' in that he drank wine on appropriate occasions,
such as with dinner.
When police searched Robert Kissel's office on November 14, Hung and the firm's
chief administrative officer, John Thurlow, were present, he said.
``I was the one making the decision about whether the e-mail was business or
personal,'' Hung said. He said he then downloaded unopened personal e-mails
onto a disk for the police.
But it was Thurlow who originally started up the computer, because he knew
Robert Kissel's password, Hung said.
Police officer Chau Man-yee, who received the disk from Hung that day, testified
Tuesday that the ``password was entered by a person surnamed Hung.''
The case continues today before justice Michael Lunn.
albert.wong@singtaonewscorp.com
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