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The gripping drama of the milkshake murder trial
drew closer to an end Monday when Nancy Kissel's defense team closed its case
after a computer expert discussed the nature of Web sites viewed on the Kissel
family computer and the victim's laptop.
High Court judge Michael Lunn has agreed to a request by the prosecution to
introduce ``rebuttal evidence'' today, allowing forensic experts to testify on
issues relating to a baseball bat introduced into evidence by the defense.
Kissel, who is accused of murdering her banker husband, Robert Kissel, has
testified that there was a furious fight on the night of November 2, 2003 and
that she feared for her life as her husband bore down on her swinging a
baseball bat.
Prosecutors say she drugged her husband with a milkshake laced with sedatives
before clubbing him to death. She has accepted that she killed her husband, but
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.
Following final evidence, the trial will adjourn for a day to allow both sides
to prepare closing speeches, which will be submitted to the court at the end of
the week. The judge will give his directions to the jury after the final
arguments.
Nancy Kissel, 41, has portrayed her late husband as a vicious sexually abusive
predator who subjected her to a nightly routine of violence and forced sodomy
since relocating to Hong Kong in 1998. She did not tell friends or family about
the abuse, she claims, because the issue was humiliating.
Earlier in the trial, the court heard that the family's desktop computer had
been used to search for ``anal sex in Taiwan'' on April 4 and 5, 2003 - a time
when Robert Kissel was the only member of the family in Hong Kong and just as
he was about to embark on a business trip to Taiwan.
The defense team had ``re-built'' some of the Web sites that had left traces in
the family computer and the victim's IBM laptop.
Combining her alleged suffering of sexual abuse, and the nature of the Web
sites, the accused testified that she now believes her husband ``had a
fascination'' for anal sex.
The computer expert who compiled that evidence, Benedict Pasco, was
cross-examined Monday by chief prosecutor Peter Chapman.
The prosecutor noted that in the expert's report there seemed to be only two
days out of two years of available data that was considered by Pasco to be
``relevant material.''
He also said the Web sites that were recreated from the victim's IBM laptop were
all Google search results pages.
``Not one of them is a porn Web site,'' Chapman said.
Pasco agreed.
In relation to the porn Web sites found on the family desktop, Chapman suggested
that according to the computer's Internet history, the user may only have had
``a cursory view.''
Pasco said that was incorrect, since the Internet history ``is not the
definitive history of the whole computer.''
In re-examination, defense counsel Alexander King SC invited Pasco to elaborate
that the ``EnCase Forensic edition'' software used by him, searches the whole
of the computer's hard drive, in contrast to the search done by the police
computer expert which searched only Internet history folders.
Pasco also said there are only 15 pages of information for the deceased's
laptop, compared with 226 pages on the family desktop, possibly because the
Internet history files had been deleted on the laptop.
``The fact there are no sex sites in the 15 pages, does not mean that the user
of the computer had not visited sex sites in the past does it?'' King asked.
Pasco agreed.
In the two days where ``relevant material'' was found, King emphasized that the
user had used the family desktop to search and view homosexual porn sites for
an hour and a half each time.
King concluded that traces for the search term, ``anal sex in Taiwan'' were
found in both the family desktop and the deceased's IBM laptop.
``In addition to the words that were typed in and as a result of those words,
Internet sites were visited,'' said King.
``For sure,'' Pasco replied.
The trial continues today before Justice Michael Lunn.
albert.wong@singtaonewscorp.com
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