Murder or manslaughter at lake?
Cory Jefferies’ actions on the night Kim Richmond disappeared show a desperate reaction that led to her death, not a deliberate plan, his lawyer said.
Closing statements were given yesterday in the High Court at Hamilton where Jefferies is standing trial for the murder of his partner of 26 years.
Richmond’s body was found in a partial foetal position in the rear seat of her silver Ford Ranger that was pulled from Lake Arapuni last year, 11 months after she had disappeared. A plastic shopping bag was over her head and torso.
The court heard that on the night of July 31, 2016, Jefferies drove some kilometres up the road, put his ute into the lake with his partner’s body in it, and then trudged his way home in the rain. His actions speak of a desperate reaction – not a deliberate plan, defence lawyer Thomas Sutcliffe told the jury in his closing statement.
‘‘Whatever happened in that short journey home, it was unscripted – a spontaneous event with terrible consequences.’’
The human experience tells us that the breakdown of relationships can cause us to react in extreme ways, but that does not mean Jefferies intended to kill Richmond, Sutcliffe said.
They both spent an otherwise typical day on the farm. There was a last minute invitation to the Arohena hall and they spent that night socialising with neighbours and friends, Sutcliffe said. There was even a Facebook post by Richmond about whitebait fritters, he said.
‘‘It was a typical night filled with rugby, a few drinks and rural conversation. It was relaxed and it was normal.’’
Sutcliffe challenged the jury to consider what the evidence was telling them and not to let emotions cloud their judgment.
He pointed to evidence presented at court earlier in the week, where Richmond was aware of comments Jefferies made about wanting to kill her and did not act on them, and of the night at the Arohena hall, where a witness told the court that ‘‘everything seemed normal’’.
‘‘He has done something terrible, he has caused the death of his partner of 26 years. The consequences are immediately apparent for him. There are three children at home. The moment he realises she is dead, the consequences for him and his family are immense – it doesn’t matter whether it was murder or manslaughter.’’
Earlier, Crown prosecutor Ross Douch told the jury in his closing statement that Jefferies killed Richmond because he didn’t get what he wanted. A relationship breakdown and an alleged affair with the couple’s neighbour is what drove Jefferies to kill, Douch contended.
‘‘The ultimate questions is, does evidence bring you to the conclusion that he wanted her dead, or wanted to cause her harm?’’
Jefferies denies the murder charge but accepts he is responsible for Richmond’s death.
Forensic pathologist Dr Rexson Tse told the court he was not able to identify Richmond’s cause of death because her body had been in the water too long. He recorded the official cause as undetermined.
‘‘What must have been the state of mind of the defendant Jefferies?’’ Douch posed to the jury.
Jefferies’ state of mind is an important factor because it raises the question of whether he had a murderous intent, he said.
He urged the jury to take a collective approach with the evidence.
‘‘How is not clear . . . but the real question is, what drove him to it?’’ Douch said. ‘‘The activity of the defendant, of disposing of the body . . . the evidence that may have been there is gone.
‘‘You can infer intent, not only by the method adopted, but by drawing from all of the circumstances and what goes through the mind of the defendant when he did what he did.’’
Douch summarised the evidence that was heard earlier in the week.
Police tracked data from Jefferies cellphone the night Richmond disappeared. The GPS pinged at two separate spots on Te Ana Road, near the couple’s home and near the boat ramp at Lake Arapuni. It showed Jefferies travelled at a driving pace toward the boat ramp. His trip home to Mangare Road was at a slower pace, possibly a running or walking pace.
Information from Richmond’s Fitbit device recorded an elevated heart beat on the morning of July 31.
‘‘The heart rate settled until the Fitbit stops recording the heartbeat about 3.43am,’’ Douch said.
Douch said one theory was that the Fitbit device was detached, another theory is that her heart stopped. A broken Fitbit strap was found in the truck that was pulled from the lake.
Earlier in the week, the court heard from eight Crown witnesses, including Richmond’s mother Raywynne Richmond, her neighbour Alfons Te Brake, his wife Heather Te Brake and Richmond’s friend Barbara Cottingham.
Justice Sally Fitzgerald is expected to give her summary today and then the jury will retire to deliberate.