Kissel judge furnishes mail from witness

A High Court judge has turned over personal correspondence received from a defence witness in the trial of alleged 'milkshake murderer' Nancy Kissel to prosecutors and defence lawyers in the case, according to people with knowledge of the situation.

Mr Justice Alan Wright, one of the three judges who rejected Kissel's challenge to her conviction in the Court of Appeal in 2008, knew the witness, Dr Annabelle Dytham, and was contacted by her in relation to evidence she gave at the trial, they said.

The judge raised the matter with senior members of the judiciary and e-mail correspondence was passed on to the prosecution and defence. The events took place prior to a Court of Final Appeal hearing which ended last month with the court quashing Kissel's conviction for the murder seven years ago of her husband, Robert, an investment banker, and ordering a retrial.

Kissel's lawyers have written to the judge asking for more information. There is no indication that the correspondence relates to Kissel's retrial, which is due to take place later this year. It is expected that the lawyers will examine and assess the correspondence.

Dytham, a medical doctor, examined Kissel two days after the killing and gave evidence as to her physical state. She was one of two defence witnesses called to give medical evidence in an attempt to establish the likelihood of Kissel having acted in self-defence when she killed her husband following a violent struggle.

A spokesman for the judiciary said: 'The Court of Final Appeal has ordered a retrial in the Nancy Kissel case which has been fixed to commence on November 1, 2010. It is inappropriate for the judiciary or Mr Justice Wright to comment further.'

American-born Kissel, 46, a mother of three, was found guilty by the Court of First Instance five years ago of murdering her husband, who worked for Merrill Lynch. She was jailed for life. The court heard how Robert Kissel was fed a drug-laced milkshake before being bludgeoned to death with a metal ornament in the family's flat on the luxurious Parkview estate in Tai Tam, and how Kissel wrapped the body in a carpet and had it placed in a rented storeroom.

Her appeal against conviction was rejected by the Court of Appeal in October, 2008. But last month the Court of Final Appeal ruled the original trial was unfairly conducted. Kissel claimed to have acted in self- defence against her husband, whom she described as violent and abusive.

The chief justice's 'Guide to Judicial Conduct' states that judges must exercise 'a high degree of alertness' regarding preservation of judicial independence and the perception of impartiality. Where attempts are made to contact and influence a judge, the judge is advised to report to the 'court leader' - a more senior member of the judiciary - and to the chief justice if appropriate.

'There should be no communication concerning a case between the judge and any of the parties in the absence of the others unless the consent of those absent has been obtained. The principle of impartiality generally prohibits private communications between the judge and any of the parties, their legal representatives, witnesses or jurors. If the court receives such a private communication, it is important for it to ensure that the other parties concerned are fully and promptly informed.'