‘Cold-blooded’ killer fails conviction appeal
Alexander Merritt gave no emotion when he was sentenced to at least 12 years’ jail for murdering his cleaning supervisor.
The bloodied body of Karin Ross, 51, was found by Merritt’s own mother, in the car park of Spotless Cleaning, in Dunedin, in December 2015.
Merritt, who was found guilty of murder after two-week jury trial in October 2016, has now failed to appeal his conviction. An Appeal Court decision released this week noted Merritt had never accepted he killed Ross, but he did not challenge the jury’s verdict based on the ‘‘powerful forensic and circumstantial evidence’’ against him.
His counsel argued that his trial lawyer had failed to pursue a diagnosis of autism spectrum disorder made shortly before the trial, and Merritt lacked the opportunity to pursue a defence of ‘‘mens rea’’.
‘‘There was and is no evidence that his autism might have affected his capacity to form murderous intent, but he says it is sufficient that he lost the opportunity to explore the issues at trial,’’ the Appeal Court’s decision said.
During the trial, the court heard the now 23-year-old had a grudge against Ross, who had issues with his work and constant parking in disability car parks. Disciplinary proceedings had been started, but when they were delayed, Merritt struck, hitting her with a hammer more than 18 times. Sentencing Justice Nicholas Davidson described Merritt as showing ‘‘coldblooded indifference’’ to what he had done. Forensic evidence had linked him to the crime. He was sentenced to life in prison, with a minimum non-parole period of 12 years.
Merritt had since been diagnosed with autism, and was at the lower end of the spectrum.
His reaction to a minor workrelated incident was grossly excessive, but Merritt’s appeal lawyer argued Merritt’s defence lawyer at trial, Anne Stevens, failed to offer Merritt a mens rea defence.
Stevens said that was not the case and the Appeal Court accepted her evidence, noting that a mens rea defence would have put his primary defence – that he did not kill Ross – at risk.
The appeal was dismissed, but an extension was granted for an appeal of his sentence.