The defence for the man accused of murdering his partner and hiding her body in a lake says her death was a spontaneous, unscripted event.
Cory Jefferies and Kim Richmond Photo: RNZ
Cory Jefferies, 46, is on trial in the High Court in Hamilton, accused of murdering 42-year-old Kim Richmond.
Her body was discovered in Lake Arapuni in June 2017, 10 months after she disappeared.
Mr Jefferies had admitted her manslaughter, but denies murder Ms Richmond.
In his closing address before the jury today, defence lawyer Thomas Sutcliffe described Ms Richmond's death as a spontaneous, unscripted event, with terrible consequences that no one saw coming.
Claims by two witnesses that Jefferies had threatened to kill Ms Richmond on more than one occasion were not threats even if their claims were true, said Mr Sutcliffe, as there were emotional outbursts or expressions of frustration over the failure of their relationship.
Mr Sutcliffe said Mr Jefferies' actions after she died - when he pretended she has driven off and left him - were not evil, but more of a cover up to protect his family and their three children in particular.
He said Mr Jefferies' ruse was not well thought-out and while it was effective for some time, it still came unstuck.
Mr Sutcliffe said self-preservation by Mr Jefferies and trying to maintain a terrible lie did not reflect an intent to murder.
He told the jury that the Crown's case was seriously wanting and the evidence did not prove murderous intent beyond reasonable doubt.
Justice Fitzgerald will sum up the trial on tomorrow morning before the jury of seven women and five men retire to reach a verdict.
Jefferies treatment of victim showed 'disdain' - Crown
The Crown said it was premeditated and the violent product of the relationship problem the couple were facing.
Prosecutor Ross Douch said Mr Jefferies was trying to rebuild the relationship, but things were not going to plan.
"It wasn't going to work out that way was it? And doesn't that create a situation where you could really say to yourself, 'God knows what might happen next', well now of course we do, what might happen next is that he gets to the point where he kills her."
He said the treatment of Ms Richmond at the time of her death shows the depth of disdain Jefferies felt for her.
"And it's a great deal of disdain isn't it - members of the jury - to treat her in the way that he did, contemptuous to leave that woman exposed like that, to rot in her utility and that might well help you in understanding what his attitude was towards her at that time."
Mr Douch said after Ms Richmond's death, Mr Jefferies built an elaborate fabrication to disguise what he had done, and this continued right up until her body was found.
He said Mr Jefferies' three children must have constantly asked where there mother was.
"Everytime this comes up this man elects to carry on this outrageous deception on his children.
"He allows his daughter on the first day to get on the phone and text a dead person, her mother, that is what he was driven to."
Crown's theory 'invites you to speculate'
Defence lawyer, Thomas Sutcliffe told the jury that instead of showing disdain, Mr Jefferies realised how his actions would affect his family, particularly his children.
"The consequences for him and his family are immense. It doesn't matter whether or not it was a deliberate killing or manslaughter, the consequences are the same, it's ruination."
Mr Sutcliffe said Mr Jefferies killing of Ms Richmond was not premeditated.
"So whatever happened on that short journey on the way home was clearly in my submission to you was unscripted, there can be no other explanation for it. A spontaneous event with terrible consequences."
He said the couple had spent an uneventful night at a local social function at the Arohena Hall and there was no motivation to kill Ms Richmond brewing.
"No sign of burning resentment, simply no evidence of that at all. To see it otherwise as the Crown has suggested it to you requires you to engage in pure speculation.
"Much of the Crown theory as to what brought this terrible event about really invites you to speculate as to what was going on."
The jury has retired for the evening and will resume considering its verdict on Monday.
