The New Zealand Herald

Millane’s online chats outlined in murder trial

‘Long day’ ahead as counsels prepare to sum up case today Warning: This report includes graphic content

- Sam Hurley

The defence has closed its case in the trial of the man accused of murdering Grace Millane, and the jury has now heard all the evidence. Today they will hear closing arguments from the Crown and defence.

Trial judge Justice Simon Moore yesterday told the jury: “It will be a long day, I expect.” He will give his summation tomorrow.

Prosecutor­s allege that on December 1 last year — the eve of Millane’s 22nd birthday — the accused strangled her to death in his CityLife apartment in downtown Auckland.

The 27-year-old alleged killer, however, claims the British tourist died as a result of sexual misadventu­re.

The accused did not give evidence himself but his legal team, led by Ian Brookie, used a variety of witnesses on his behalf.

These included a forensic pathologis­t and an expert in sexual culture. They also produced evidence and statements about Millane’s sexual preference­s, some of which were read to the court yesterday.

Material extracted from Millane’s laptop showed three chats from the BDSM online app Whiplr, of which Millane was a member. The court heard that BDSM includes bondage, domination and sadomasoch­ism.

The 412 messages in August and September 2017 were between Millane and two unidentifi­ed men.

Some appeared to propose a casual sexual encounter with the first man, the court heard.

Millane, who appeared new to BDSM, talked of role play and discussed her desire to be restrained and blindfolde­d.

A Whiplr user who had connected with Millane had his police statement read to the court.

He said the pair exchanged messages and photos before Millane, using her full name, outlined her interest in BDSM and other forms of kinky sex.

Millane appeared to be “at an explorativ­e stage and quite open to suggestion­s” but was “quite open to it and wanted to try it”, he said.

“I felt like Grace was more naive and trusting in the BDSM area. The users could be any undesirabl­e person online, and Grace had a naivety.”

The court heard Millane last accessed Whiplr at 3.43am on December 1.

Richard Middleton, a private investigat­or hired by the accused’s legal team, said FetLife, of which Millane was a member, was “quite explicit”.

The retired detective inspector told the court he went to the United Kingdom to ask Millane’s friends to testify for the defence but witnesses outside New Zealand cannot be summonsed to court so those who knew Millane have had their statements read to the court during the trial.

One, a former sexual partner of Millane, talked of their relationsh­ip, how she enjoyed choking during sex and their practise of BDSM.

A female confidant’s statement said Millane “enjoyed her partner putting his hands around her neck”.

In court yesterday, a man who spent the night of November 30 last year with Millane — the day before she met the accused — said he had his hand “potentiall­y on her neck” when they had sex.

The man, who has name suppressio­n, met the “outgoing” Millane at the Base Backpacker­s and they

Young people are more likely to be interested in experiment­ing. Clarissa Smith

talked of her future travels to Fiji.

The pair messaged each other on Facebook before deciding to meet and return to the man’s apartment in downtown Auckland, he said.

During sex, he said, he may have placed a hand around Millane’s neck but “can’t remember 100 per cent”.

The man, who came forward to police after Millane died, said this was a “common” practise with women he was intimate with.

A British expert in sexual culture, professor Clarissa Smith from the University of Sunderland, also testified for the defence via video link from England yesterday.

Smith, whose studies have included taboo media and sexual ethics, said attitudes towards sex have drasticall­y changed in the past three decades.

“It’s not just reserved for maybe one’s life partner or maybe marriage,” she said.

Through her research, she told the court, she learned how women were interested in themes of domination in erotic stories.

People now talk about sex as entertainm­ent, she said, and it is “an incredibly important part of youth cultures”.

It was also now more common for people to “dabble in elements of kink”, such as erotic asphyxiati­on, which the court has heard Millane practised.

She said high-profile cases of celebritie­s engaging in erotic asphyxiati­on have increased its popularity.

The “point is not to be humiliated” or dominated, she said: “It’s about playing with the idea and feelings of humiliatio­n,” she said. “But you want the feeling of being under control.”

She likened the feeling to that of being on a rollercoas­ter.

“Young people are, of course, more likely to be interested in experiment­ing and trying something new.”

Although safety should be of primary concern during erotic asphyxiati­on, she said, “in the heat of the moment that might not happen”.

She added that when alcohol or drugs were involved “safety may not be someone’s first priority”.

Yesterday, the defence called its own expert forensic pathologis­t, Dr Fintan Garavan, via video link in Miami in the United States.

Garavan said the “major participan­t” in Millane’s death was pressure on her neck — correspond­ing with the finding of the Crown’s expert pathologis­t Dr Simon Stables.

He, however, disagreed with Stables’ position that alcohol would not have been a factor.

Millane’s alcohol consumptio­n may have led to a biological “safety valve” not kicking in, Garavan said.

The expert in the effect of drugs and alcohol on the body added it could “very well have been a secondary factor in the cause of death”.

CCTV shows the backpacker had several drinks on the night she died.

The doctor said the narrative of rough sex from the accused was also “an adequate” explanatio­n as to how Millane may have died.

 ?? Photo / Michael Craig ?? Defence counsel Ian Brookie.
Photo / Michael Craig Defence counsel Ian Brookie.

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