The saga of Nancy Kissel's alleged murder of her husband, as told by the prosecution, is ``like something out of a movie script'' and ``simply defies common sense,'' defense counsel Alexander King SC told the High Court Monday, as the trial, which has riveted Hong Kong for months draws to a climactic end.

Instead, the victim Robert Kissel's ruthless competitiveness in work and play, his detailed supervision of household finances, his installation of spyware and hiring of private detectives, were evidence of the paranoid, controlling nature of a violently abusive husband, King submitted.

King made his final argument to a jury comprising five men and two women before a packed court, for the first time holding the jury's attention for the whole day as he elaborated why Nancy Kissel, 41, has pleaded not guilty by reason of self defense to murdering her husband.

The victim's father, William Kissel, stalked out of the courtroom after only a few minutes of the final speech.

In his final arguments, King invited the jury to use common sense and decide that the prosecution's case paints what he called a dramatic ``colliding of universes.''

``The prosecution would have you believe,'' said King, that the ``cheating, ungrateful, plotting, scheming wife'' had laid down a murderous plan ``there and ready to go'' while simultaneously, the husband, had been planning to reveal to her on the fatal night of November 2, 2003, that he wanted a divorce, thereby springing her trap.

The motive, according to the prosecution, is equally ``a classic,'' said King: ``Money, love, lust and sex.''

King said the prosecution has referred to Kissel's lover, Michael Del Priore, who lives in a trailer park in the New England state of Vermont, as ``someone living a wretched life, eyeing up wealthy people'' and then tacitly encouraging a pre-meditated plan to kill.

``That is pure speculation,'' King said.

Robert Kissel had been searching for an excuse to have divorce proceedings go in his favor, hence his obsessive spying on his wife, said King.

The deceased knew that if Nancy Kissel filed for divorce on the grounds of spousal abuse and sexual violence, the ensuing proceedings, as of all divorce suits, would be ``ugly, dirty and messy'' and that ``his whole world (and career) would come crashing down,'' said King.

Because premeditation should be ruled out by common sense and given the solid evidence of Robert Kissel's controlling nature, the scenario of the husband confronting his wife with the threat of removing the children from her care, escalating into a furious struggle in which she fears for her life, was the genuine one, he submitted.

The accused inflicted five fatal blows and stopped only when she knew he couldn't harm her, said King.

``How can someone turn around and decide how many blows are necessary? Adrenaline and fear takes over and you do what you can to defend yourself,'' said King.

King spent much of the day listing a series of factors in the prosecution case showing that ``the theory of pre-meditation goes out the window.''

He noted that the alleged murder weapon is a ``family heirloom. What's more likely? That being chosen as the murder weapon, or that being picked up in self-defense?'' he asked.

Despite all the evidence that has been based upon e-mail correspondence captured by E-blaster spyware, nothing suggested that the accused was planning a future with Del Priore. ``Where is the e-mail that says, `Oh my darling, we will soon be together?''' he asked.

The suggestion that she killed for the money is also ``nonsense'' said King. Claiming life insurance because one's husband has ``disappeared'' is not possible.

``Their (Life Insurance Agents') investigation would be a lot more thorough than the investigation conducted in this trial,'' he said.

King noted that for most of 2003, the accused had already set up a home with her three children in a lovely house in Vermont. If she wanted money, she could have said, ``Sorry Robert, I'm not coming home, I'm filing for divorce,'' said King. Instead, when she received the call, ``she quickly packed up to go home.''

All the evidence in the case show that the accused ``was a very good organizer,'' he said.

``Where was the evidence for the disposal of the body before November 2? There simply is none,'' said King. Instead, the accused's ``bizarre'' actions after that fatal incident, show her ``meltdown in her mental condition.''

King asked why, if the rug was used to ``dispose of the body,'' brightly colored cushions were secured to the outside of the rug, ``decorated it in such a way, making it almost unforgettable.''

He also noted, that according to the chronology of events, ``she must have spent at least two nights in the bedroom with the body of her dead husband,'' said King.

If she had a pre-meditated scheme, she certainly did not rely upon it, he submitted.

Robert Kissel on the other hand, wanted to be ``in total control'' at all times.

When he suspected at the end of 2002, that their marriage might be in trouble, ``did he use his usual energy to say, `right, let's go to marriage counsellors and sort it out'? What did he do? He installed spyware,'' said King, ``so that six times a day, Robert Kissel could check on his wife.''

He reminded the jury that the E-Blaster was installed before the accused had even started a relationship with Del Priore.

According to the deceased's colleague David Noh, the murdered husband had also explored the possibility that in the event of a divorce the children would live with domestic helpers in an apartment separate from either parent.

``All the evidence is that she is a first-rate mother'' said King, but Robert Kissel wanted ``a situation where you don't have the children either.''

``The truth (of Robert Kissel's character) is unpleasant, is brutal,'' said King. He was a man, who according to internet records, ``in advance of travelling to destinations, is looking to procure gay sexual services,'' said King.

He would refer to his wife in that way again, on November 2, 2003 when he was enraged at being hit by his wife, a reverse of the usual scenario of him doing the hitting and bore down on her saying ``I'm going to f****** kill you, you bitch,''submitted King.

King will continue his final speech today before Justice Michael Lunn.

albert.wong@singtaonewscorp.com