May 26, 2010

Murder accused said friend was 'better off dead'

Smail murder trial, Day 3. By Anne Clarkson

Eric Neil Smail told a friend of Keith Graeme McCormick that he thought the paralysed man would be ?better off dead?, the court was told on the third day of Smail?s murder trial.

The evidence was given in the High Court at Christchurch during the trial of 53-year-old Smail who is claiming provocation in a case where he is accused of stabbing Mr McCormick to death.

His defence counsel Judith Ablett-Kerr told the court on Monday that Smail had been stressed by caring for his injured friend, and had alcohol problems and limited coping skills. She said Smail accepted responsibility for his actions and would accept a finding of manslaughter.

The jury heard evidence from some of Mr McCormick?s carers today.

Ian?Dewe said he met Smail at the local tavern in July 2005. He asked Smail how Mr McCormick was and Smail replied that he would be better off dead.

Mr Dewe said he told Smail that it was not for him to decide, and not to even go there. He told him to get hold of Burwood Hospital and get any help that he thought Mr McCormick may need.

He said Smail thanked him for giving him a different point of view.

His evidence is continuing.

Another carer of Keith McCormick told the court today that she looked after him for about a year, until he died. She stayed with him overnight every third weekend.

Rachel White said he never needed her in the night but he could phone if he did need her.

She said Mr McCormick was a pleasure to care for ? a very considerate gentleman who was concerned about her welfare. She said it was not always easy to look after spinal patients but he was very easygoing.

Smail and Mr McCormick had a strong friendship, and had a lot of fun together, she said.

The only things Mr McCormick could do well was eat, drink, and talk and when he was on life support in intensive care at Christchurch Hospital a decision had to be made as to whether the doctors should perform a tracheotomy, she said.

This would mean that he wouldn?t be able to do any of those things and the family and carers? consensus was that if it wasn?t going to work not to do it.

The next day Mr McCormick himself was able to indicate that if the tracheotomy was a temporary measure he would have it.

When he recovered and came home he had to go back to hospital a few times.

She said his mental state was no different. He was a fighter and it didn?t matter what obstacle was in front of him, he fought it anyway.

He put himself on bed rest when he got a pressure sore as he would rather spend the time in bed than go back to hospital, she said.

In cross-examination, defence counsel Sarah Saunderson-Warner read part of a statement the witness made to the police in 2005.

She said then that it crossed her mind whether Mr McCormick and Smail had some kind of pact between them. But today in court she said she couldn?t believe she said it, and she never for one moment thought that Mr McCormick wanted to take his own life.