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.'