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Doctor tells murder trial Nancy Kissel's bruises
not necessary visible after brawl with husband Dr Annabelle Dytham told the
High Court Monday that Nancy Kissel could have been suffering from intense pain
from a weapon-swinging brawl with her murdered husband without showing any
visible marks.
Kissel visited Dytham 36 hours after her husband is thought to have been killed,
saying she was in serious pain. Dytham testified last week that she thought
Kissel's reaction to the physical examination on November 4, 2003, was
''disproportionate to the actual injury'' since she did not see any visible
bruising in some of the areas that evinced a pained response.
When informed by defense counsel Alexander King SC that blood tests later
showed the possibility of ''skeletal muscle injury,'' Dytham said that would
definitely have been a matter for consideration and would have suggested that
her ''expressions of pain were not exaggerated.''
Dytham added that ''deep tissue injuries do not necessarily show up as bruises''
or red marks.
Dytham, who was part of the medical team during the Hong Kong Rugby Sevens
tournament, agreed with King that rugby players often come off the pitch not
realizing until the next day the extent of their injuries.
Kissel, 41, is accused of serving her husband a pink milkshake laced with
sedatives which left him unconscious at the foot of the bed as she bludgeoned
him to death with a heavy metal ornament on November 2, 2003 in their luxury
Parkview apartment.
Kissel has testified there was a furious fight that night and that she feared
for her life when her husband bore down on her swinging a baseball bat.
She has accepted that she killed her husband, but she says cannot recall how she
came to inflict five fatal wounds to the side of his head. She denies the
charge of murder and is out on bail.
The decomposing body of Robert Kissel, a high-flying Merrill Lynch banker, was
found wrapped in a rug and locked in a storeroom in the Parkview residential
complex in the early hours of November 7.
The prosecution alleges Kissel went shopping for drugs in the week leading up to
that fatal Halloween weekend, and secured a prescription of Rohypnol, the
infamous date rape drug which was found in the stomach of the deceased, from
Dytham on October 23, 2003.
The prosecution has charged that Kissel misled Dytham into composing a report of
injuries supposedly inflicted on her during an assault by her husband.
The fact that Kissel managed to recount a version of events to Dytham on
November 4, albeit without mention of the baseball bat or the life-or-death
struggle, suggests that the defendant's claim of memory loss since November 4
is a lie, the prosecution alleged last week.
Senior Assistant Director of Public Prosecutions, Peter Chapman, completed his
cross-examination of the doctor Monday, noting her report made no mention of
memory disorder, baseball bat, nor nine or 10 areas of injuries which the
defense had previously said were ''classic areas of defensive injuries.''
Dytham said she had not been aware of Kissel's visits to a Dr Desmond Fung, who
prescribed Lorivan, Stilnox and Amitriptyline, the other hypnotics and
sedatives found in the stomach of the corpse along with Rohyphnol.
Dytham said she saw no signs of confusion or problems with recollection when she
examined Kissel on November 4, but she emphasized she is no expert in
psychiatry.
There seems to have been no mention of rape since ''rape is very serious and if
it had been mentioned, I feel I would have explored that at greater depth,''
she said.
In relation to the nine or 10 areas of injuries, she said: ''I may have seen
them, but did not record them.''
''The other possibility is they just weren't there at the time,'' Chapman said.
Dytham agreed with Chapman that the carpet burns found on Kissel's knees could
have been caused by her efforts to push a dead body into a sleeping bag while
kneeling on a carpet, but said that they could equally have been caused by
being dragged around the room.
''If an adult male was swinging that [baseball bat], accompanied with threats
that he was about to kill, and manage to land blows, what type of injury would
you expect to see?'' asked the prosecutor.
Dytham replied: ''Bruises, collection of blood over areas of bone, possible
fracture - and if on the head, loss of consciousness.''
She added that such injuries should have been readily identifiable.
In re-examination by King, Dytham said she would have examined Kissel in a
different light had she known of possible ''skeletal muscle injuries'' which
are often deep in the body hidden from sight.
The trial continues today before justice Michael Lunn.
albert.wong@singtaonewscorp.com
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