Moment of truth nears for Kissel


Albert Wong


August 29, 2005


Murder trial draws to a close, with lawyer stating case for acquittal as wife `acted in self defense' Hong Kong's relentlessly captivating summer courtroom drama enters the home stretch today when defendant Nancy Kissel's counsel tells the jury she should be acquitted of murder on the grounds of self-defense.

Having outlined his final speech briefly Friday, Kissel's lead counsel, Alexander King SC, will continue his summation before the five men and two women sitting in judgment, and try to convince them his client is not guilty of murdering her husband Robert Kissel on November 2, 2003.

Given only the last hour of Friday afternoon to begin the crucial remarks, King will expand upon the details of his arguments today.

The prosecution has been flawed since day one, November 6, when police went to the Kissel home before arresting her, King told jurors Friday. ``The police at that time thought there was nothing to investigate,'' because they were already convinced of her guilt, he said.

A supposed series of continuous errors, King argued, should be enough to sow doubt in the minds of jurors. The jurors will have to answer: ```Was [the prosecution] done to a standard that I can be sure of?' The answer is `no','' King said.

The prosecution's ``theory of premeditation'' based on her purchase of drugs has no basis, once ``common sense'' was used.

King also warned jurors against being prejudiced against the accused because of her lifestyle. If they looked at the evidence carefully, he argued, jurors would see the government had ``failed to prove beyond reasonable doubt that she did not kill in self defense.''

Kissel, 41, has testified that there was a furious fight about divorce in the couple's Tai Tam Parkview apartment, during which her husband came at her swinging a baseball bat, saying, ``I'm going to kill you, you bitch,'' while she fended off the blows with a metal ornament.

The decomposing body of the wealthy Merrill Lynch banker was found wrapped in a rug, locked in a storeroom of the Parkview complex on November 7, 2003.

Apart from King's prologue, most of Friday's hearing was taken up by the closing speech of senior assistant director of public prosecutions Peter Chapman.

``This was a cold-blooded killing,'' he said and ``the evidence of the prosecution case points conclusively to her guilt on the count of murder.''

Chapman said Kissel planned and carried out the murder in detail and then constructed a fabric of lies to try and confuse police, relatives and friends about what really happened.

Chapman suggested that Kissel's sexual affair with American TV repairman Michael del Priore may have spurred her on to commit the crime.

After the affair began during a lengthy visit to the United States, she started planning ``with possibly Michael Del Priore's tacit encouragement to remove the obstacle in her life, which Robert Kissel had become,'' he said.

He invited the jurors to bear in mind that she was the primary beneficiary in Robert Kissel's will and life insurance polices, and that his estate had been estimated at US$18 million (HK$140.4 million).

``This was no frenzied attack. This was a cold-blooded killing,'' Chapman said, adding that the accused had already accepted she inflicted the five fatal blows to the head of her husband.

And the reason she could inflict those blows was because she had already drugged him with a sedative-laced fruity milkshake, he said.

Also last week, government forensic expert Dr Wong Koon-hung told the court that he did not think the baseball bat - allegedly used by Robert Kissel to attack his wife - made significant contact with the murder weapon since he found no woodgrain patterns imprinted on the ornament, or traces of lead left on the baseball bat.

Once King finishes his closing speech, Justice Michael Lunn will summarize all the evidence heard and give directions to the jury before they retire for a verdict. Kissel faces life imprisonment if convicted.

albert.wong@singtaonewscorp.com

 


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