Jury retires for second night in murder case

Dale Wickham. Photo / Paul Estcourt

A jury considering whether a woman is guilty of murdering her husband in their West Auckland home in October last year has retired for the night after a second day of deliberations.

Dale Wickham, 62, shot dead her husband, John, in their West Auckland home in October last year.

The Crown argued Wickham was hurt and angry after learning that her husband of 42 years was about to leave her.

But Wickham's lawyers said she shot her husband in self-defence after he threw a bottle of spirits at her, pushed her over, and threatened her.

Lawyer Sanjay Patel yesterday told the court that Wickham called police, but did not feel safe and went to her bedroom to get one of her two shotguns.

According to Wickham, her husband saw the gun and laughed before he came towards her saying "I will gut you like a fish".

Mr Patel said Mr Wickham also told his wife: "You're so weak, all I have to do is throw your body in the pool. No one will find you".

He told the jury: "It's not about whether Dale Wickham shouldn't have confronted her husband, or if she should have hidden in her room and hoped the police would not take long. It is certainly not about whether you would have reacted differently. It is about self-defence."

Mr Patel cited evidence from a friend of Wickham's who told the court Mr Wickham had said he planned to help his wife commit suicide when her multiple sclerosis worsened.

"But the worrying thing about that is that Dale and John never discussed it."

Mr Patel also quoted a conversation between Mr Wickham and a friend in which Mr Wickham is alleged to have said: "If you can put an animal out of its misery, you should be able to put a human being out of its misery.

"She saw the gun as something she could use to keep her safe," Mr Patel said.

But Crown prosecutor Ross Burns told the jury that Mrs Wickham could have locked herself in her en suite bathroom and waited for police to arrive.

"She could have sat on the toilet seat with the loaded gun, the door locked, and said: 'If you come in, I'll blow your head off'."

Mr Burns also referred to the 111 emergency call Wickham made minutes before shooting her husband dead.

The emergency operator said: "We'll be there shortly. Is there anyone with you?"

Wickham replied: "No, but that's all right."

"She knew police would be there shortly," Mr Burns said.

"By the time police arrived, within three minutes of her call, her husband was dead on the floor of a shotgun wound," he said.

"By the eighth of October, she was getting more angry, her marriage was deteriorating. She was getting to let off steam about the man she no longer liked or the man who was about to leave her unsupported in a home on her own."

Mr Burns said Wickham was called names and verbally abused by her husband but that did not give her the right to shoot him dead.

"He's not just a pale figure in a photograph, it is a real human life that has been taken."

The jury will continue deliberations in the morning.