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  • Jul 26, 2014
  • Updated: 2:32pm
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COURTS

Milkshake murderer Nancy Kissel loses latest appeal against conviction

PUBLISHED : Tuesday, 03 December, 2013, 1:19pm
UPDATED : Wednesday, 04 December, 2013, 11:23am

The father of the banker killed by milkshake murderer Nancy Kissel hopes a court's dismissal yesterday of her appeal against her murder conviction will end the saga and allow him to enjoy life as a "very lucky" grandfather.

"I do hope this is the end of Nancy's litany of lies and character slander of [his son] Robert [Kissel] to justify her evil action," William Kissel told the South China Morning Post.

The Court of Appeal ruled that the guilty verdict passed unanimously by a nine-member jury was "neither unsafe nor unsatisfactory".

The jury was entitled to reject her plea of diminished responsibility after hearing the whole of the evidence, Mr Justice Wally Yeung Chun-kuen wrote in a 64-page judgment.

Solicitor Colin Cohen, representing Nancy Kissel, said her legal team felt an appeal to the Court of Final Appeal was "very likely to be considered".

Kissel was jailed for life for the second time following a retrial held in 2011 after the jury found her guilty of feeding her Merrill Lynch banker husband a drug-laced milkshake before bludgeoning him to death with a lead ornament at their Parkview flat in Tai Tam.

During the appeal in October, her lawyers had contended that there should not have been a retrial as the public had been affected by unfair evidence in the original one - which led the Court of Final Appeal to order a retrial.

They also contended the conviction was flawed by prosecution mistakes and the jury was wrong to reject the defence of diminished responsibility when three psychiatrists and one psychologist supported such a defence and the prosecution cited no expert evidence to contradict it. In the judgment, Yeung wrote it was up to the jury to decide on the facts whether to accept Kissel's case of provocation or diminished responsibility.

"The jury had clearly rejected the defence case and accepted the prosecution case that it was a planned murder," Yeung said.

Talking about his grandchildren, William Kissel said: "Robert's children are happy, well- adjusted, thoughtful teenagers."

He said his daughter Jane Clayton, who has custody of the three children, and her husband, Richard, had done a "most remarkable job" in blending their children with Robert's, filling the family with "happiness, friends and activities".

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17

This article is now closed to comments

angeloparatico
It is true that a High Court should not dish out moral lessons, but it is evident - at least to me - that:
- public opinion was against her during the trial (killer with eyes of ice, Milkshake murderess, spoiled high flyer etc.)
- her husband mistreated, buggered and beated her.
-she had no credible plan of escape (rolling the body in a carpet and put it in a storage room was not a real plan).
-She has 3 children, then why the HK justice system cannot be a bit more merciful? Even if she has killed their father, she is still their mother. Perhaps she did also to protect the children.
I beleive that she should qualify for some mitigating factors but if she is condemned to life, then, where are the mitigating factors?
In Europe she would be probably free already, not sure about the US. But I don't think a life sentence would have been dished out.
At least she should be extradited to the US instead of keeping her locked up here at taxpayers expenses, then she could be closer to her kids. Why the Court is not considering these points?
angeloparatico
I beg to disagree with such harsh treatment of a wretched woman, I wrote down my reasons in my blog page:
****beyondthirtynine.com/on-nancy-kissel/
It is not fair to give voice only to the father, not good reporting by the SCMP in this particular case.
mercedes2233
The father might also consider the grounds why Nancy Kissel murdered her husband. He might then be a bit more sympathetic.
stoatmonster
What on earth are you talking about? How and why should he sympathize with the woman who while having an affair with a handyman, cold heartedly calculated, planned and effected the murder of his son?
sipsip1238
From her photo, to be honest, it just feels like she's completely lost it.
John Adams
Who is paying for Kissel's legal team expenses?
I hope it's not we the taxpayers
(But I assume that we are still paying for the Crown costs)
caractacus
Hardly an intellectual statement from the bench...
pslhk
A more honest statement would be
We concur with the jury's finding of fact
lexishk
It isn't lacking in intellectualism nor honesty. The grounds on which an appeal court can interfere with this kind of finding are, rightly, strictly limited. The court doesn't have to concur with the jury's findings of fact, it just needs to ensure there was no flaw in the trial process which may have led to a flawed jury verdict. That's what was done here. Any further review would have effectively been a retrial without a jury, which I'm sure you would be opposed to.
pslhk
That “it was up to the jury to decide on the facts”
was beside the point
The point for the appellate court is
whether there were legal flaws
procedural and/or substantive
in the findings of fact by the jury
-
Failing to find any legal flaw
the appellate court has to concur with jury findings
concurrence doesn’t mean full and complete agreement
even where the test is beyond reasonable doubt
-
The honesty requirement isn’t that subtle
The appellate court shouldn’t pass the buck to the jury
it must honestly and honorably
declare its concurrence with jury finding
-
Thus caractacus’ intellectual criticism isn’t irrelevant
a “smarter” court should be able to offer a more worthy opinion
for this world class tragic drama
HK’s first convicted white woman mur_der_er
-
BTW, last Sunday I hiked the Violet Mountain trail by the Parkview

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