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Home / New Zealand

Closing addresses heard at pamper party murder trial

Sam Hurley
By Sam Hurley
NZ Herald Print Editor·NZ Herald·
8 Aug, 2017 01:04 AM4 mins to read

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Anna Browne denies murdering Carly Stewart, 36, in October 2016. Photo / Peter Meecham

Anna Browne denies murdering Carly Stewart, 36, in October 2016. Photo / Peter Meecham

"It was just an ordinary pamper party," Marie Dyhrberg QC told the jury.

However, this ordinary pamper party ended in bloodshed when Anna Eiao Browne stabbed her 36-year-old friend in the neck.

Browne, 37, has been on trial in the High Court at Auckland charged with the murder of Carly Stewart.

The pair had been enjoying some drinks and getting their nails done with a group of women and their children at a Te Atatu home last October.

"[The stabbing was] due to alcohol, drugs or a combination of the two, or perhaps something more," Dyhrberg said.

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"[It was] not the violent outburst of someone that has lost it."

There were no harsh words, no hot rage, no vicious plunge of the knife, she said, but just a quiet "whimpering" of Stewart's name by Browne.

"She was not unleashing words of murderous hate."

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Dyhrberg urged the jury to find that her client, who was drunk at the party, showed no murderous intent and was therefore guilty of manslaughter not murder.

Carly Stewart was fatally stabbed at the pamper party. Photo / Supplied
Carly Stewart was fatally stabbed at the pamper party. Photo / Supplied

Browne's defence during the trial has been based on the claim that she acted unconsciously, was suffering from an "automatism", and was badly affected by a plethora of alcohol and drugs.

She also claims to have had her drink spiked, noting that it "tasted funny".

"No premeditation, no planning, but in the midst of a party, music, friends, good times," Dyhrberg said.

Discover more

New Zealand|crime

Pamper party trial: Browne guilty of murder

09 Aug 05:21 AM

She said the case was "all about Anna Browne's state of mind" and that witness testimony of her client's bewilderment, confusion and crying after the stabbing showed her lack of murderous intent.

A "delayed" urine test by police, some eight and a half hours after the stabbing, and the lack of a blood test meant it may never be known what Browne was thinking, Dyhrberg said.

"Without timely blood and alcohol tests we cannot go back in time and find out what was going on in her head."

She said another key piece of evidence was Browne returning to the scene, just moments after Stewart lay dying in the lounge.

"You do not go back to be at the mercy of the friends of the person you have just murdered," Dyhrberg said.

"You don't murder someone in front of witnesses. You don't return to the scene after being forcefully ordered to leave."

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The Te Atatu home where the party was held. Photo / Greg Bowker
The Te Atatu home where the party was held. Photo / Greg Bowker

Dyhrberg said Browne zoned in on Stewart and was in a "trance-like" state with no idea of her actions or the consequences.

She also said none of the other women at the party showed any awareness of what was about to happen.

"If they'd known what was about to happen they might've done something more. These women were no shrinking violets."

Dyhrberg said one of the remaining mysteries of the case was how the butcher's knife which was used to kill Stewart found its way to the kitchen sink.

A witness at the party said Browne had dropped the knife after stabbing her friend.

"No one has admitted moving the knife, it's just one of those mysteries," Dyhrberg said.

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Earlier, Crown prosecutor Nick Webby said in his closing that Browne became increasingly agitated during the party.

He said Browne abused other guests and got into numerous scuffles before Stewart came to restrain her.

Witnesses described how Stewart dominated, intimidated and made Browne scared, telling her, "you f*** disrespectful b***, my nieces are f*** here".

He said Browne's disproportionate response was to grab a knife and stab Stewart.

This made her guilty of murder under both its legal definitions, he said, adding that she not only intended to kill when she plunged the knife 11cm into Stewart's face, but she was reckless to the dangers of her actions.

Webby described how, out of all the utensils in the kitchen, Browne chose the largest knife before approaching Stewart with it behind her back to maintain the element of surprise and then striking at her head - a vulnerable target.

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"It was a carefully directed blow," he said.

"Can you really infer any other intention but an intention to kill?"

Webby said medical experts had testified during the trial that Browne suffered anti-social and attention deficit disorders.

He said the defence team's own medical expert had said during the trial that the attention deficit disorder combined with alcohol consumption had a direct relationship to Browne's violence and emotional responses.

These responses were "often out of all proportion to the triggering event", he said.

Justice Edwin Wylie will give his closing remarks tomorrow before the jury retires to deliberate.

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- Additional reporting by Ben Leahy of NZN

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