An abused woman who stabbed her partner to death while he slept “is a classic case of loss of self control,” a senior barrister argued on Monday.
While Eilish McDermott KC argued that the Public Prosecution Service had failed in their burden to prove that Julie Ann McIlwaine had not suffered from a loss of self control when she stabbed James Crossley, prosecution KC Richard Weir suggested that by plunging a large kitchen knife into the chest and abdomen of the 38-year-old “she in fact was taking control.”
“She did not lose her normal power of reasoning,” Mr Weir told the jury at Coleraine Crown Court, “she had decided that killing him was her best option….we say respectfully, that this is murder.”
McIlwaine, from Kilwee Lane in the Dunmurry area of west Belfast, is on trial accused of the murder of Mr Crossley on 2 March 2022.
The 38-year-old victim sustained fatal stab wounds at McIlwaine’s former home in Filbert Drive also in Dunmurry and the jury have heard while there is broad agreement about how the victim was killed, they would have to decide whether the defendant had suffered a loss of control in the lead up to the fatal wounds being inflicted.
When he opened the case two weeks ago Mr Weir told the jury if they are satisfied McIlwaine intended to kill or cause really serious harm when she stabbed the sleeping Mr Crossley then they should convict her of murder but if they are satisfied the defence of loss of self control is made out, they should convict her of manslaughter.
The jury have heard how McIlwaine and Crossley first began their relationship in January 2020 but that between then and the fatal stabbing around 23.30 on 1 March 2022, there had been periods of separation with incidents of domestic violence, coercive control and verbal abuse interspersed in the relationship which McIlwaine was hiding from her friends, family and Social Services.
In the immediate aftermath of the killing McIlwaine was recorded by officers’ body worn cameras telling police the situation had gotten to the point where “I’m thinking it’s either him or me…if I don’t get rid of him I have no way of escaping from him…it’s either him or me.”
During Mr Weir’s closing submissions on Monday he told the jury “one might have a natural sympathy for a woman who is the victim of domestic violence” but he urged them to “put aside all those human emotions.”
He suggested there were “five other options” which meant no one had to die including calling the police, a friend or family or with him lying snoring, “she could have gone to women’s refuge - she’d done that before.”
During her closing speech Ms McDermott suggested that the jury should ask themselves how rational it would be for a mother-of four, a health care professional with a completely clear record, to arm herself with a knife and stab her partner.
Referring to Mr Weir’s comment she highlighted that “it was more than unpleasant” for McIlwaine in that she had been subjected to “extreme” violence as well as coercive control and physical and psychological abuse.
Ms McDermot reminded the jury they had heard evidence from voice note recordings which “perfectly encapsulated” the type of character Crossley had been.
Emphasising that even if the jury found McIlwaine not guilty of murder by reason of a loss of self control, Ms McDermott told the jury “it is only a partial defence…what she is asking you to do through us is convict her of manslaughter.”
Tomorrow (tues) the jury will be given final directions on the law by Mr Justice Kinney before they retire to consider their verdicts.