The Crown’s case is that Eddy murdered Kennedy by asphyxiation, either by strangling him or sitting on him in the early hours of October 4, 2024.
The trial previously heard that Eddy told a formal police interview she became angry at Kennedy when she found him masturbating in her tent. After he made a sexual comment, she sat on him from the outside of her tent.
Kennedy’s body was discovered on October 6 after someone Eddy confessed to went to police.
Crown prosecutor Richard Jenson closed the Crown’s case today.
Jenson said Eddy and Kennedy were gambling at Marble Bar the night before the death, and lost $300. The pair were heard arguing about money as they left.
In the following days, Eddy told two people she strangled Kennedy because she was angry he had stolen $200 from her, Jenson said.
“That anger didn’t lead her to just sit on Mr Kennedy, but to strangle or smother him with her hands intending to kill him or knowing those actions were likely to do so.
“If we reach that point … we can be sure that Miss Eddy is guilty of the murder of Ross Kennedy.”
Jenson said the jury might conclude that pathological evidence could “help us be sure” the fatal asphyxiation was “more than just sitting on him”.
Jenson said Kennedy’s injuries were consistent with being strangled to death.
Fear explains ‘extreme’ reaction
Defence lawyer Bill Nabney said in his closing address that Kennedy was Eddy’s “best mate” and she did not intend to kill him.
“She confided in him, he knew her secrets, especially about the abuse that she suffered in her life. They argued from time to time, but they mostly got on.”
In Eddy’s police interview, she described Kennedy masturbating in front of her and trying to touch her breast, Nabney said.
Nabney said the judge would provide the jury with assistance for what was required for an act to be self-defence.
“In short, it’s whether the force that was used by her was to defend herself in circumstances where she believed Mr Kennedy was wanting sexual activity with her.”
Nabney said Eddy lived in a tent and was not homeless.
“She’s in her home, and she considers that Mr Kennedy is trying to sexually assault her.”
Nabney said she had previously suffered sexual abuse, which explained “why she reacted in such an extreme way”.
He said Eddy told a police officer before her formal interview she “sat on top of him and suffocated him” because of the perceived threat.
Nabney said Eddy tried to give Kennedy CPR upon discovering he was not breathing.
“Well, if you’ve got a murderous intent, why would you do that?”
Nabney referred to a pathologist’s evidence of different ways Kennedy could have been killed, including smothering, traumatic asphyxia and “burking” – sitting on a person’s chest and putting their hands over the deceased’s mouth and nose.
He said the pathologist could not conclude what caused Kennedy’s death.
“But one of them is chest compression and that’s what Ms Eddy said she did. And I’d suggest that that’s what occurred.
“Sitting on Mr Kennedy’s chest until he stopped moving, thinking that he was still alive, but he’d just given up, I suggest to you is what happened.”
He urged the jury to find Eddy not guilty of murder and not guilty of manslaughter.
The pathologist’s evidence
On Tuesday, the jury heard from forensic pathologist Dr Kilak Kesha, who performed Kennedy’s autopsy on October 9, 2024.
Jenson asked Kesha about Kennedy’s injuries.
Kesha said external injuries included bruising on his face, neck, chest, arms and right thigh.
An internal examination found “multiple areas of bruising” on both sides of his neck in the “deeper layers of the neck muscles”.
Kesha said bruising was caused by “blunt force impact” or “compression”.
Kesha certified Kennedy’s cause of death as strangulation, given the deeper bruising.
“That’s the only way you can get [that] bruising is if there was pressure applied to those structures. Because they’re on the deeper levels, it means that this pressure was significant.”
Nabney asked Kesha if he had “reconsidered” strangulation being the cause of death.
Kesha confirmed he could not rule out other possible causes of death after reviewing another doctor’s information employed by the defence. Traumatic asphyxia “may have played a part”.
Nabney said a tent pole was found under Kennedy’s body and asked Kesha if the bruising on his chest and neck could be a “by-product” of then being sat on.
Kesha responded yes.
Justice Tahana is expected to sum up the case tomorrow before the jury retires to deliberate.
Megan Wilson is a health and general news reporter for the Bay of Plenty Times and the Rotorua Daily Post. She has been a journalist since 2021.