Misspelling features in murder trial evidence

December 13, 2013 | By More

Court House-entrancePolice could find no evidence that Philip James Nisbet misspelled always as “allways” as he did on the alleged suicide note that is an exhibit in the High Court at Christchurch.

His wife, Helen Elizabeth Milner – now on trial for murder – gave that suicide note to the police, but was mistaken about the note having a handwritten signature, “Phil”.

She spoke to the police about how Mr Nisbet’s sister had earlier suggested that it did not look like his signature, and was then shown the note she had just handed over, to see that it actually had a typed signature.

The note contained the phrase, “I will love you allways.”

Milner told the police that Mr Nisbet always spelt the word that way, but Detective Inspector Gregory Murton told the trial that they had examined other writing by Mr Nisbet but could not verify the spelling. He produced three examples where Mr Nisbet spelt the word correctly.

He also noted a series of texts by Barry Keith Hayton, the man Milner formed a relationship with after Mr Nisbet’s death in 2009, in which he spelled the word “allways”.

Today is the tenth day of the trial of 50-year-old Milner before Justice David Gendall and a jury. She is charged with the attempted murder of Mr Nisbet in April 2009, and his murder the following month. The Crown alleges he was sedated and smothered in bed, but the defence says his death was a suicide.

The Crown completed its case soon after 12.30pm, and the trial then adjourned to Monday morning at 10am. Defence counsel Rupert Glover indicated there would be defence evidence called, which would be heard on Monday. Justice Gendall told the jury he believed closing addresses would be heard on Tuesday and he would sum up for the jury on Wednesday morning before sending them out to consider their verdicts.

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