Killing was slaughter, not murder, court told

When George Marson killed his pregnant girlfriend with a claw hammer, and tried to burn her body in a car, it was "an act of slaughter" not murder, his lawyer told a High Court jury in Whangarei yesterday.

Ken Bailey was opening the case for the defence in the trial of Marson, 37, who is charged with murdering Natasha Tana-Brind, 23, at their Ngunguru home on August 19, 2000.

He had lured her into the garage by asking her to help him fix a car seat, then hit her repeatedly with a knuckleduster, then with a hammer in the back of the head causing skull fractures and brain damage, the court heard.

"George Marson has always accepted right from the very word go that he did indeed kill his lover and his friend... that he intended so to do, and that he did do it," Mr Bailey said.

"What Mr Marson has done is commit the act of slaughter... rather than the act of murder."

During the Crown case, the jury of six men and six women watched a police videotaped interview in which Marson claimed to be "fuming" when he attacked Ms Tana-Brind because he believed she was being unfaithful.

Mr Bailey suggested Marson was provoked into acting as he did, and that he simply lost control of himself.

"It's a limited defence. It's not a justification or an excuse... it's when the emotions totally override the reason," Mr Bailey said.

He contended Marson's use of methadone and methamphetamines had reduced Marson's ability to withstand provocation.

Defence witness, Dr Nick Chamberlain gave evidence that Marson had been a patient of Northland Health's drug and alcohol unit, Norton House since May 1999. He was treated for a dependence on opiates.

Marson was prescribed methadone - a substitute for opiates such as heroin and morphine. Methadone users could suffer withdrawal if they missed their dose, Dr Chamberlain said.

The court had earlier heard evidence that while Marson was in hospital being treated for burns from the fire he lit, he became violent and had to be restrained.

Dr Chamberlain said such behaviour was consistent with opiate withdrawal and Marson had gone at least 48 hours without his methadone.

Marson had told clinic staff he used methamphetamine in December 1999 and May 2000, but on August 15, 2000 - four days before the killing - records showed he denied using any drugs other than methadone.

The side effects of speed in chronic users included reduced emotional control, occasional violent behaviour and low frustration tolerance, Dr Chamberlain said.

Under cross examination by Crown Solicitor Phil Smith, Dr Chamberlain agreed Marson's behaviour in hospital was consistent with methadone withdrawal but that on the day of the killing, Marson had not been not suffering from such withdrawal.

The trial adjourned yesterday for Justice Nicholson to hear legal arguments from counsel. Closing submissions were expected to be heard today.

- NORTHERN ADVOCATE