|

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
|