May 25, 2010

Murder trial told of victim's thoughts about death

Smail murder trial, Day 2. By Anne Clarkson

Paralysed after his second accident, Keith McCormick told a carer that if his condition worsened, he did not want to be brought back from the brink of death.

The evidence was given by the carer, Colin Thompson, on the second day of the trial of Eric Neil Smail, 53, who denies a charge of murdering his friend Mr McCormick.

Smail?s defence counsel Judith Ablett-Kerr has told the jury in the High Court at Christchurch that her client would accept a finding of manslaughter, citing provocation as his defence.

Mr Thompson told the court he knew Mr McCormick after his first accident, when he was in a wheelchair. He moved in with him in 1996 to be on site if he needed help.

Mr McCormick was involved with the local bowling club and tavern, and was socially active, he said.

When the second accident happened he knew what the new injury meant for him. He didn?t want to be any worse and if he got worse he didn?t want to be brought back from the brink of death, Mr Thompson said.

Mr McCormick told him towards June or July 2005 that he was annoyed with Smail ? his caregiver ? coming home late, and drunk. He told him he had spoken to Smail and he promised he would be home and not drink on the four days he was working, he said.

He saw him on the day he died, and said that he had been housebound for quite some time but his pressure sore was healed. He was going to be out and about in the next few days, he said.

About 7.30pm Mr Thompson?s partner woke him up to say Smail had rung to say Mr McCormick was dead and to go and tell his mother. He walked to the house where Smail and the police were. They confirmed what had happened, and he went and told Mrs McCormick.

Mr McCormick?s sister, Susan McCormick, said after his second accident her brother?s attitude at first was that he had had enough. He was tired and didn?t know if he wanted to fight on, knowing what was ahead of him.

She said they had discussions about him ending his life, and talked about methods that could be used.

He didn?t want anyone else implicated or burdened that way, so he decided to just go on and try to resume life, she said.

When he got well after kidney stones were treated he became optimistic, and was eager to get home again.

She said Smail was convinced he wouldn?t recover from the kidney stones and seemed nervous to be in the hospital, he would easily get upset about things, and was up and down with his emotions.

Smail and Mr McCormick were good mates, and her brother told her that he knew Smail was a loose cannon, and he knew his faults.

He told her that Smail was sometimes late starting his shifts and had sometimes been drinking before his shifts.

Smail was his caregiver for four nights a week, and Mr McCormick needed a lot of attention. After the kidney stone treatment he was having what appeared to be panic attacks, she said.

She went back to Australia, and he seemed to be getting stronger and moving forward again. He was still involved with the bowling club as treasurer, and was on the board of the paraplegic federation.

She said Smail was always jumping to the wrong conclusions about her brother?s health. He was grating and dramatic and she didn?t like being around him. They had an awkward relationship.

Dr? Francis Anthony said Mr McCormick had lost complete function in his arms, but could shrug his shoulders.

He had sensation from the root of his neck, where the neck meets the trunk, and in his head. He was at great risk of respiratory problems, but he managed extremely well and did not have to go on life support, he said.

Caregiver Anthony Whitehead said it was a breeze to look after Mr McCormick. It was a very easy job and he was laid back.

The last time he saw Mr McCormick he was in bed, but he said he was looking forward to getting out of the house and having a good meal that he didn?t have to share with his dog.

The trial before Justice Lester Chisholm and a jury is expected to continue for four weeks with the crown calling 51 witnesses.