Murder or accident?
to dispose of her body – and then watched porn before taking intimate photos of Millane’s body, Dickey said.
Further internet searches saw the accused look for ‘‘large bags’’ and he was later seen buying the suitcase in which he buried Millane’s body. ‘‘[He is cool] as a cucumber through all of that. No suggestion of panic,’’ Dickey said.
Later that afternoon, he went on a Tinder date and tested out his story, the Crown said. On December 3, he disposed of Millane’s body in the ranges, before getting rid of evidence and dumping her belongings in the days that followed. When police caught up with him on December 6, he ‘‘lies and lies and lies’’, before eventually telling officers on December 8 that he woke to find Millane dead on the floor of his apartment after they had ‘‘rough sex’’.
Dickey highlighted the accused’s interest in the ‘‘complete domination’’ of women.
He spoke about three women who met the accused on Tinder, highlighting how one was left fearing for her life after he almost suffocated her during a sexual encounter. ‘‘[She] fought for her life and survived, Grace Millane did not ... both were restrained.’’
Addressing Millane’s sexual interests, Dickey asked: ‘‘So what about that? We have heard her interests and it is really safe ... at no time did Grace ask to be killed.
‘‘You can’t consent to murder,’’ Dickey said.
Summing up the defence case, lawyer Ian Brookie maintained Millane’s death was an accident.
‘‘The defence case is that this is not a murder. It was an accidental death in the context of sexual activities, if done incorrectly by inexperienced or intoxicated people, can go wrong.’’
Brookie admitted the accused ‘‘freaked out’’ when confronted with Millane’s ‘‘unexpected and unforeseen’’ death.
‘‘He reacted badly. He acted selfishly, reprehensible, bad, unacceptable.’’
The lack of sophistication in the accused’s actions after Millane’s death showed, Brookie said, but those actions would not help the jury decide whether he intended to kill Millane. Until being interviewed by the police on December 8, he maintained his lies as he thought no-one would believe the truth.
When he realised he could lie no more, the accused admitted he and Millane had sex and she asked him to apply pressure to her neck and hold her arms.
‘‘She was encouraging him to do this and apply more force ... he never for a moment considered Ms Millane might be in trouble.’’
Brookie said the pathology evidence, which showed no defensive injuries on Millane’s body, showed it was a consensual act and she was not being strangled against her will.
But it was alcohol that was ‘‘really what made the difference’’ and led to the unexpected death of an otherwise healthy young woman, Brookie said.
Brookie told the jury to dismiss the Crown’s claims the accused took photographs of Millane after she died, as that could not be proved.
Justice Simon Moore will sum up to the jury today.