Martin Joseph Matthew Marinovich pictured at the first day of his trial with his lawyer Mark Ryan on the far right. Photo / Sam Hurley
Martin Joseph Matthew Marinovich pictured at the first day of his trial with his lawyer Mark Ryan on the far right. Photo / Sam Hurley
Warning: graphic content.
The defence of a West Auckland man accused of murdering his mother say he fatally strangled her, while a pathologist says it is more likely she died when bludgeoned by a hammer.
Martin Marinovich denies murdering Noeleen Ann Marinovich, who died on February 7 last year.
Shortlyafter midnight, he made a 111 call at the Sturges Rd train station, admitting he attacked her.
The Crown alleges Martin Marinovich snapped, tried to strangle his mother and hit her with a hammer at least 12 times in the lounge of their Oratia house.
This morning, Dr Charles Glenn, a forensic pathologist at the Auckland District Health Board, told the court the blows to the head she suffered were universally fatal and that pressure on her neck could have been a contributing factor to her death.
The listed cause of death was blunt-force injuries to the head.
Under cross-examination, defence lawyer Mark Ryan proposed the defence position that Martin Marinovich had strangled his mother to death.
"You can't exclude manual strangulation as the cause of death can you?"
"It's a potential cause of death," Glenn answered.
However, the forensic pathologist further told the court it was his opinion the impact to the head was the more likely cause of death.
Crown prosecutor Robin McCoubrey questioned whether an attacker strangling an unresponsive person would realise the moment a victim died.
Lack of response to pain was an indication, Glenn said.
"That doesn't mean someone is dead without checking a pulse or respiration."
Ryan also queried the timing of the circular bruises on the victim's forearms, including the possibility they were caused by a fall she had earlier suffered in hospital.
"I have never seen that happen. It's possible," Glenn said.
"I have seen a lot of fall injuries and haven't seen anything like that."
Yesterday, the victim's friend of nearly 40 years, Janet Daniel, told the court Martin Marinovich was agitated when she saw him at his mother's hospital bedside on February 4.
She had never seen him like that before and he told Daniel he could no longer cope.
"And I said to him: 'Don't take her home. Leave her at the hospital'," she said.
Daniel told the court Martin Marinovich was ordinarily gentle and non-violent.
"They got along very well. They had a few words sometimes, everybody does."
Martin Marinovich had looked after his mother since he was 9 years old but the past few years had been particularly difficult as she would often collapse and had become incontinent, Daniel said.
