Nancy Kissel's claimed memory loss on the night she murdered her husband was a convenient excuse that robbed the prosecution of key evidence, the city's top court heard yesterday. Kissel, who is appealing her murder conviction, maintains she cannot remember the events surrounding the killing of her banker husband Robert Kissel on the night of November 2, 2003, at their luxurious Parkview flat in Tai Tam. Robert Kissel was found to have been bludgeoned to death with a metal ornament. Yesterday was the first day for the prosecution's Kevin Zervos SC to reply to three days of arguments put forward by Nancy Kissel's lawyers at the Court of Final Appeal. The prosecution said the alleged memory loss was a tactic aimed at covering up how she murdered her husband and cleaned up the crime scene. 'She could not remember because that is incriminating materials,' Zervos said. 'She's someone who deploys deceptive tactics. It's convenient to say memory loss.' Nancy Kissel, wearing a dark jacket and white shirt, was in court and appeared to follow the hearing with deep concentration although her face betrayed little emotion. The mother of three claims she only remembers a habitually abusive husband who, on the night of killing, told her he had filed for divorce and would take their children with him. He started to hit her with a baseball bat and intended to have sex with her, she said. She said she grabbed the metal ornament to defend herself. During her trial, she argued that she killed her husband in self-defence, but the court convicted her of murder and sentenced her to life in prison. At the trial, Kissel's claim of memory loss was supported by a psychiatrist, who submitted a report saying she had probably suffered from a major depressive disorder caused by physical, sexual and psychological abuse from her husband. But Zervos said the psychiatric finding was wrong because it was based wholly on a false account of events Nancy Kissel had provided to the psychiatrist. The prosecution did not accept that a fight took place on the night of the murder, saying that forensic evidence suggested her husband was attacked while he was lying down. Last week, Nancy Kissel's barrister Gerard McCoy SC had complained, among other things, about the trial prosecution's use of materials taken from a separate bail proceeding in November 2004. The materials came from an application for bail made the year previous, where her lawyer, John Griffiths SC, made submissions to convince the court that Kissel did not have psychiatric problems at the time and was 'perfectly normal'. Bail was granted. At the murder trial, prosecutor Peter Chapman used the material in cross examining Kissel about her mental state. Chapman had tried to use the material to discredit her claim of having an unsound mind. Regarding the use of the bail material at trial, Zervos said nothing barred prosecutors from using materials relevant to impugn Nancy Kissel's claim about her mental condition. McCoy had argued that Kissel should not be 'ambushed' by Griffiths words' because she was not responsible for them. Zervos said those words were said on behalf of Kissel, who had given instructions to her lawyers to make submission. The hearing will continue tomorrow before the Chief Justice Andrew Li Kwok-nang, Mr Justice Kemal Bokhary, Mr Justice Patrick Chan Siu-oi, Mr Justice Roberto Ribeiro and Sir Anthony Mason. The appeal was scheduled to run three days but these were entirely taken up by the appellate. The prosecution's arguments are expected to take at least two days.