A jury will decide whether the death of a Victorian woman found at home with traumatic brain injury and fractured neck bones was at the hands of a man she had met a few hours earlier or her partner of 25 years.
Narelle Emerson, a 45-year-old former bookkeeper, was found with those severe injuries on October 18, 2019 and died in hospital 20 days later after doctors took her off life support.
Scott Kennedy, of no fixed address, was charged with her murder but pleaded not guilty and went on trial in the Supreme Court on June 4.
Prosecutor Catherine Parkes told the jury Ms. Emerson and her on-and-off partner of about 25 years John Flegg were at her Morwell home on October 17 when the accused was invited over by Ms. Emerson’s 13-year-old friend.
Kennedy had not met Ms. Emerson or Mr. Flegg before but attended the home where he saw Ms. Emerson was drunk and smoking cannabis while Mr. Flegg was drinking beer.
Ms. Emerson and Kennedy were the only two left in her house by night after her friend and partner left following an argument with her.
A neighbour was woken about 2.30am to 3.30am on October 18 after hearing arguing, banging and crashing from Ms. Emerson’s house and reported seeing a male silhouette out the front, Ms. Parkes said.
Mr. Flegg returned to Ms. Emerson’s place about 9am to find items strewn over the hallway and into her bedroom but didn’t raise an alarm after he saw her from afar laying on the bed with covers over her body.
He made a cup of tea, watched television and went outside to paint a trailer for two hours, checking on her a few times from afar before he finding her unresponsive.
Traumatic upper body injuries were later found with blood on the doona, bed frame and bedside table as well as on door handles opposite her bedroom.
Ms. Parkes said swabs taken from the house as well as DNA analysis of fingernails and blood found on the accused’s pants he was wearing when arrested were consistent with Ms. Emerson’s.
A left palm impression found on a bloody cupboard was also consistent with the accused’s palm print, the prosecution alleged.
“We allege that whilst the accused was alone with Ms. Emerson, he subjected her to a physical assault that resulted in her death,” Ms. Parkes said.
Defence lawyer Glenn Casement cast doubt over Mr. Flegg’s account that he was in the small house for two hours and despite thinking her place had been robbed, did not try to wake Ms. Emerson.
“What would all of that have you thinking about whether John Flegg’s tale of the discovery of the deceased was just a ridiculous fiction and not credible?” he said.
Mr. Flegg died in June 2020 from cancer.
“The responsibility for the death of the deceased lies with John Flegg and not Scott Kennedy,” Mr. Casement said.
He also highlighted police body-worn camera footage of Mr. Flegg asking when he could access the house to look after her dogs and chickens, and how long the investigation would take.
“We urge you to have a look at that footage carefully,” Mr. Casement said.
“Are you looking at the words and actions of a concerned partner or a person with a deep secret?”
The jury will visit the house in Morwell on June 5 before the first witness is called.
