Crown says man strangled wife

Press, 18 August 1981, Page 6

Crown says man strangled wife

Depressed because his marriage was breaking down, an Ashburton man brutally assaulted his wife and then strangled her with a dog chain, the High Court at Timaru was told yesterday.

The accused had then carefully concealed the killing and expertly disposed of the body and chain, said the crown prosecutor, (Mr T. M. Gresson). He was opening the crown case against Keith Lionel Duncan, aged 38, television technician, who has pleaded not guilty to murdering Nicola Sharon Duncan at Ashburton on December 15.

Mr Gresson told the jury of nine men and three women that during the trial there might be suggestions Duncan had been provoked. However, the crown alleged he had not been acting under any provocation that could reduce the charge to manslaughter. He said the Duncans had been married for three years and there had been matrimonial problems during that time. ■=• <

Mrs Duncan had had contact with friends and relatives during the day but some had become concerned I when they could not contact.’ her at night. , . _ ; Mr' Gressbn said ho one

was found at the Duncans’ until the early hours of the morning when the accused returned.

He told the policemen, who had been keeping the flat under observation, that he did not know where his wife was.

When questioned by the police, the accused had admitted having an argument with his wife. He said he had left her and gone with his daughter for a drive to Peel Forest, Timaru, and beyond before returning. . Mr Gresson said police inquiries failed to shed any light on Mrs Duncan's appearance and after a bite mark was found on a finger of the accused, it was suggested to him that he had had a fight with his wife. The accused had put his head in his hands and said things were coming back to him.

Mr . Gresson told the court the accused had said that after arriving home late in the afternoon, a row had developed between him and his wife. He remembered grabbing a chain around her neck and pulling it and then seeing her lying on the floor. He had then put the body in the boot, of his car and taken it to a remote area of the Rakaia Gorge where he dumped it and covered it

with vegetation, rne accused had later shown where the body was and also where he had thrown the dog chain in a .water race. .

Mr Gresson said the Crown accepted the accused had been depressed, but the killing had involved much violence.

Mrs Margaret Jean Ebert, social worker and counsellor, of Christchurch, told the court she had seen the accused during the morning of December 15. He had been depressed and concerned about his marriage. Later in the day, the accused had rung her and was upset at being in his flat alone and expressed concern that a letter written by his wife, which he had found, said he was a bore. Mrs Ebert said she did not gain the impression the accused hated his wife and she believed he wanted to save the marriage. She did not feel he would be violent to his wife.

Mrs Judith Carol Leigh James, of Ashburton, said she was a friend of Mrs Duncan and was aware the marriage had not been happy:

She believed the accused to be over-protective of his wife and he was often moody. The couple appeared

to have opposite personalities.

Mrs James told of having been with the deceased on the day she died and of being concerned that night when Mrs Duncan could not be located.

Mrs Vivienne Mary O'Connor, of Ashburton, said she lived in a flat adjacent to the Duncans’ and told of hearing a noise about 5.40 p.m. like the crunching of metal. She had looked out and seen the accused who appeared nervous and had apologised. Mrs Linda Joanne Peek, of Ashburton, said she lived near the Duncans’ flat and about 6 p.m. had heard an argument which appeared to be coming from the flat. Later she heard a woman scream.

“It was not an argument scream, it was horrible,” Mrs Peek said. It had faded away after about three to five seconds.

She had been concerned and discussed the incident with her husband but had decided against any further inquiry. The mother of the deceased, Mrs -Nancye Mary Reid, of Ashburton, described her daughter as friendly and outgoing while the accused had at times been moody and sulked. She had been aware of

marital discord and had suggested to the couple that they should go out more. Mrs Reid said.she had spoken to her daughter twice on December 15 but at night was still disturbed by things she had been told.

However, attempts to locate her daughter were unsuccessful and about 10 p.m. she had contacted the police.

She also told the court of a note that had been left in the house early in the day written by the accused to his wife. It had read: “I hope you feel better this morning. I do completely understand you. Please trust in me a little for today.”

Under cross examination, Mrs Reid said she had seen the accused depressed on several occasions and his wiic had been unable to cope with it.

Detective Senior-Sergeant Q. M. Doig gave evidence of finding Mrs Duncan’s body in a remote area of the Rakaia Gorge. It had been located about 20 metres down a bank and covered with vegetation..

There had been a mark on the neck and abrasions to the head. The trial is before Mr Justice Mahon and Messrs Gresson and J. D. L. Wallace appear for the Crown and Messrs S. G. Erber and D. J. R. Holderness for Duncan.