10.41
Jurors called in
Jurors have now been called in. Simon Russell Flint, defence counsel for Ian Stewart, is continuing his closing speech.
Helen Bailey had not changed her finances in Stewart's favour
Mr Russell Flint is stating that Tony Hurley could have stopped Stewart from having a single penny of Ms Bailey’s will. “It was entirely within the discretion of Mr Hurley as whether Stewart got a penny from that will. “It’s inaccurate for the crown to say to you that Helen had changed her entire wealth structure in Stewart’s favour. “She just hadn’t - the will proves that. “What was said to you then was just plain wrong. “Mr Hurley had complete control and complete discretion. “Not one of the named 15 potential beneficiaries could force the trustee, Mr Hurley, to give him or her a penny.”
Stewart ' not 'financially motivated' - defence
“We haven’t seen a single reference to Stewart trying to get Helen to change her will in his favour. “Isn’t that a matter of huge significance? This fundamentally undermines the whole prosecution case in terms of Stewart’s motivation. “Nothing has been produced to you, because it doesn’t exist. Stewart wasn’t financially motivated. “He was already very comfortable, he didn’t want for anything, and he didn’t want or need any more.”
Court told Stewart had 'no motive' to kill Helen
“Stewart was content with what he had. “The only expenditure seems to be that one off purchase of his personal number plate, but he only did that after January 4, when he went to Addenbrooke’s and thought he was going to be dying of cancer. “Stewart’s sons loved Helen, Stewart was living with a person who was a mother figure for his boys. “They loved her, and she loved them back. “Why would he want to end all of this by killing her? “But the Crown, desperate to find some sort of motivation, have jumped to the conclusion he wanted to kill her for her money. “He had no motive to kill Helen at all, and had every reason not to kill her. Once you accept that this motive is just not there it makes the likelihood of the Crown’s theory very wrong. “This causes grave difficulties for the prosecution’s case.”
Who killed Helen?
“So who might have killed her? If you are sure she was unlawfully killed. How did she die before she ended up in the cess pit? Are you sure Helen was killed unlawfully? “We say very clearly on the evidence she wasn’t killed and she did not die shortly after 10.58am on the morning of April 11. “She was alive, she was well, she was later able to go out and walk Boris, later able to amend that standing order, and then walk Boris again. “And then a few weeks later, she was seen in Broadstairs alive and well.”
Helen killed 'in the company of Nick and Joe' - defence
“If she was unlawfully killed, it was after she had left Baldock Road in Royston and almost certainly while she was in the company of Nick and Joe. “So why would Nick and Joe kill her? There might be a whole host of reasons - she wouldn’t co-operate, she was proving obstructive, difficult, she was by the time she was killed, the subject of a massive police search.”
How did Helen die? - defence asks
“The second question - how did Helen die? Actually, nobody knows, despite an extensive postmortem. “Dr Nathaniel Cary doesn’t know. He has no more clue than you how she died. “She was in the cess pit, in the garage. “It’s gruesome to think about, but once nature had taken its course and the flesh had decomposed, what would have remained? “What would have remained would have been a skeleton, not just a few bones as was what was suggested to you. “So forever after during Stewart’s life, the skeleton of Helen would have been there in that cess pit, in that garage to the house they shared, available to be discovered at any time that cess pit was opened. “Anytime that it’s inspected, anytime it is drained. They were draining it annually.”
Leaving body at house would have been a 'ridiculous' plan
“Would you leave a body on your own doorstep for discovery at any time? Is that the reasoning of a long term crafted plan to do away with your partner? “A carefully carried out plan? It’s ridiculous, isn’t it?”
Helen had 'no signs of injury'
“Helen had no signs of any injury at all. There’s nothing to point in any way as to how she died. “What though if she had, as Dr Cary considered, voluntarily consumed both the sleeping pill Zopiclone and had also drunk alcohol?
“That Dr Cary could cause death, reduced to unconsciousness. “She could have, in her unconscious state, choked due to her airways being obstructed. “If, that is what happened, how does that make her death unlawful? “Nobody would have killed her, murdered her. It would have been a terrible accident.
“Yes, one thereafter might be guilty of failing to inform the coroner, preventing an unlawful burial, but Stewart can’t be guilty of unlawfully killing her if having found her like that, Helen was put into that cess pit.”
Perfect place' to hide a body
If Helen had died after leaving Baldock Road, what would Nick and Joe do? Dump Helen at the side of the road? Throw her over a boat into the sea? “Or might they put her in the perfect place to hide a body, that they had seen for themselves?”
No evidence that Helen was 'intoxicated' by medication at time of death
“Just because Helen’s body was in the cess pit, it doesn’t mean Helen was poisoned or intoxicated with a prescription sleeping drug at the time she died. “There’s no evidence at all that at the time she died, she was intoxicated by any sleeping drug.
“The Crown cannot know this, Dr Piper cannot know this. “All that can be said is that Helen had ingested Zopiclone at some time, on more than one occasion, over the previous months before her death.
“Just because there is Zopiclone traces in her hair, it doesn’t mean you or anybody could make the leap to the conclusion the Zopiclone she had taken had been administered to her surreptitiously, as opposed to her having willingly taken a tablet, and drunk a glass of wine.
“Toxicology results cannot tell whether Helen had taken this voluntarily, knowingly, or whether it had somehow been secretly administered to her.”
Helen Bailey took pills from Stewart
“Helen took these pills, she kept them in her pill bag, along with where she kept her hormone cream and other medication. “Her bag has never been found. She had the Zopiclone pills, she took them from Stewart.”
Not a shred of evidence' about increasing drug doses - defence
“What the prosecution said in the opening to you was that Stewart had killed Helen after secretly administered a sleeping drug to Helen in increasing amounts. “This was repeated several times.
“The trouble is, that’s not the evidence. It can’t be said Helen was taking Zopiclone in increasing amounts, or increasing concentrations.
“There’s not a shred of evidence from the toxicologist Dr Piper of the pathologist Dr Cary that Helen had been given increasing amounts of this drug at all.
“Drug quantities in the hair have to be taken cautiously. You cannot relate these to the quantities ingested. “That very important point in the prosecution’s case, we say, also falls away.”
Nothing to say how Helen died
“If you look at the pattern of activity on the day Helen allegedly died, her on the internet etc, there’s nothing to say Helen was sedated during the morning. “And if she wasn’t sedated at that time, what does that do to another one of the prosecution’s guesses?
“The bold and confident words in the prosecution opening was that Stewart killed Helen, probably by suffocation, while she was sedated. “But where’s the evidence to say this? There’s nothing to say how she died.”
Stewart could not have given Helen the drug when he was in hospital
“It wasn’t a massive dose of Zopiclone, Dr Piper said the drug had been taken by Helen more than once. “Stewart told you himself Helen took that more than once. He could not have given her any Zopiclone during the time he was in hospital on March 18-25.
“Yet it was then during that period, among other times, that Helen was reporting to others that she was feeling so tired. “How is he meant to have administered this drug? It is full of bulking powder.
“It has a filthy bitter taste, and an aftertaste. Did he crush it up, sprinkle it over her scrambled eggs, slip it to her pretending it was paracetamol?
“Did he stir one in her weak PG powder tea that she liked? After his operation, if there was food to be prepared Helen cooked it.”
Helen already complaining of feeling tired
“If Helen had been drugged with Zopiclone, why was she so tired already before the date it was prescribed? “How does that fit with the prosecution’s theory?
Helen’s mother knew as long back as 2012 Helen was complaining of being very tired and having a dizzy spell. “Leaving Boris on the beach was January, early February 2016 so around the Zopiclone time.
“She complained of feeling dizzy in November 2015, as a result she got new glasses. That was pre-Zopiclone as well.”
Hospital stay 'perfect alibi'
Helen had been complaining of the menopause since 2012. She complained to her friend in October 2015 that she was very tired. “She couldn’t see or feel her hands at the computer when she was recently widowed. “Helen feeling tired was not a new thing.
And if she was tired while Helen was in hospital, Stewart had the perfect alibi. “It couldn’t have been him giving Helen Zopiclone. “Do you really think Stewart immediately slipped the drug to Helen three days after he got it, before she went to her check up?”
Secret drugging 'complete fallacy' - court told
“What were the results of this well woman assessment that Helen went to - did this shed any light on the complete fallacy that Helen was secretly being drugged with Zopiclone obtained by the defendant on January 25?
The assessment was conducted on January 28 - Helen said she was suffering hot flushes, disturbed sleep. She was dealing with signs of the menopause, and she had high blood pressure.
“She was also using beta blockers to help her with her anxiety. “She’d also been using hormones to help her with the menopause on and off since 2012.”
Helen could have taken pills to get some sleep
“Why could she not have taken these sleeping pills herself? “With her disturbed sleep pattern she reported on January 28, why could she not have decided to take a Zopiclone tablet herself over whatever period.
“She was frantic with worry when Stewart was in hospital. She and he were both stressed, almost beyond measure, when his surgery was cancelled not once, but twice, in the ward, ready to go in the operating theatre.
“Helen was at home alone, without Stewart, for the first time in ages. Might she not have thought ‘I need some sleep, I’m going to take one of these’?
One packet of pills not enough
“If you’re intent on killing someone with a sleeping pill, would one packet, 28 tablets, be sufficient? “Would one packet of the safest and mildest sleeping pills be sufficient for a long term plan? No.
“Why not go back, get more than one packet, so that he could up the dose? “One packet meant the tablets would all have run out on February 22, yet he was meant to have poisoned her on April 11.
“Why on earth, if smothering was the plan, would you bother with sleeping pills at all? “Why not wait until lying in bed together, and that night she fell asleep completely naturally, and then smother her with a pillow? “You don’t need to drug her.”
No electronic 'footprint' for Helen
“There’s no electronic footprint for Helen shown in our timeline at all for 1,2,3,4,5 of April. “Nothing on April 9 or 10 either. “Is Helen’s deliberate poisoning just another guess by the prosecution? “If Helen was smothered, the instinct would be to struggle, to fight back.
“So when it was suggested to Stewart, it seemed to be put that Helen was at her desk, at her iPad on April 11, him not having the opportunity to kill on over the weekend, and that Monday morning he crept up behind her and smothered her with a pillow?”
No proof pillow case was linked to death
“Nobody had any idea when that pillowcase did get into the cess pit, nor how it got in there or where it come from. “Whether it was connected to Helen Bailey being placed in the cess pit at all.
“Jamie and Oliver did not report a pillowcase missing. Did the police ever bother to compare the pillowcase from the cess pit with any other pillow cases found in the Baldock Road house?
“You’ve heard no evidence at all that such an exercise be undertaken. Why could that pillowcase not have originated from anywhere else? Joe’s house, Nick’s house? There’s no proof it was linked to Helen’s death at all.”
Nothing found to suggest a struggle - defence
“There’s cushions galore in that house, why bring a pillow from upstairs to downstairs? “Where is that pillow, that the pillowcase matches? “He had to get rid of the duvet, because that apparently was used in the killing, but what happened to the murder weapon itself - a pillow?
“Is that still there in the house? Why did this pillow not go to the tip, as the duvet did? “Nothing has been found to suggest a struggle has occurred.
There were no marks on Helen’s body, no evidence of Helen clawing at Stewart’s face, no evidence of Stewart’s skin being found under her fingernails.”
Stewart was resting after major surgery
“Even being tired wouldn’t have prevented Helen from fighting back against someone recovering from major surgery. “Stewart was lethargic, tired, he spent most of time resting or in bed.”
Helen 'active' not drugged
“If Helen had been drugged, it doesn’t appear to have been taking much effect at the time the Crown say she was killed, shortly after 11am on April 11.
“On this morning Helen had been active on her computer from 8.16am until 9.28am. “She also made a call to the solicitors at 9.04am.
“Was she asleep? No. Drowsy? Under the knockout influence of Zopiclone? Unlikely, because the next thing we know is that Helen is out walking Boris.”
Helen was looking at wedding planning site
“Helen was clearly not drugged, falling over. “From 10.06am until 10.58am Helen is on the computer, not in bed, not passing out, collapsing, falling asleep.
“At 10.58am the last thing she’s looking at was the proposers thing on Twitter - a website relating to wedding planning. “Helen was still planning their wedding.
It’s not a website for how to leave your partner, how to get out of an abusive relationship.”
No evidence as to how Helen Bailey died
“There is no evidence in which any sensible inference could be drawn to permit you to say ‘I am sure, without doubt, how Helen died’.
“You just cannot come to that conclusion.” There will now be a short break until 12.05pm.
Defence - 'no evidence' to say Helen Bailey died at the house
Simon Russell Flint: “I’m going to ask you where you think Helen died? Are you sure it was in that house? “What evidence is there that you can say for certain? “It really is a question of guessing.
“There’s no evidence, despite searches, police dogs searching every inch of the house, the grounds, there’s no evidence to show you that Helen’s death happened in the house.
“The best the Crown can do is say ‘look that very day Stewart took a duvet to the tip. The duvet must have been used somehow in the killing of Helen’.
Stewart's blood account 'the truth'
“The Crown’s case is that Stewart is fit healthy and well and could have done all these physical things, such as carrying a body. “What about the duvet? Is that actually in any way involved in Helen’s death?
Or was Stewart giving a truthful and accurate account that he bled on the duvet cover and really messed it up? “Stewart said that was the case. Preposterous, or actually the truth? “It’s the truth, because it’s confirmed by an independent source.”
Ian 'bleeding on sheets'
“The evidence, from the mother of Helen Bailey’s godchildren Janice Rochester, proves beyond doubt Stewart is telling the truth about the duvet.
“Janice told you she thought on April 6, she had a phone call with Helen, and that Helen said ‘Ian had been bleeding on the bed sheets’. “Isn’t that precisely what Stewart said?
It couldn’t be disposed of before April 11, because he had not been allowed by his surgeon to drive before then.”
Stewart told police he had been at the tip
“The CCTV photos show Stewart carrying empty boxes at the rubbish tip. “Empty cardboard boxes are obviously a very different weight to a dead body.
“If Stewart was intentionally disposing of evidence and perverting the course of justice, why was he the one who volunteered to one of the first police officers that he had been to the tip that afternoon?
“Without him disclosing that, police would have had no clue he had been to the tip at all.
“Why would he have volunteered that fact if he had something to hide? “You might conclude that duvet had nothing to do with Helen’s death.”
Why use duvet to move body?
“If Helen was killed in the study, why on earth would he use their duvet to drag her to the cess pit? “When the cleaner came to work two days later (April 13) there’s a duvet on their bed. “There is no evidence of him rushing out and buying a new duvet.”
Defence - more than enough rugs and blankets downstairs to move body
“The cleaner was wrong about it being unusual to see bedding and clothing hanging on the back of the chairs in the dining and kitchen areas.
“Jamie confirmed that was the usual practice. “If Helen is killed downstairs at her desk, why go all the way upstairs, strip off the duvet cover, then taken the duvet itself downstairs for that exercise of dragging Helen to the cess pit? “Why would you use a duvet? Why your duvet, off your bed?
“The photos show there are more than enough rugs, or blankets on the sofa downstairs. Why not use one of those?”
Why did Stewart go back to tip?
“Did Stewart go back to the tip on April 13? Did he really just sit in the car? “The Crown say he went back there and just sat in the car. That’s not what Stewart said. “Did that actually happen? The camera at the tip is not activated unless a vehicle or a person moves.
“The Crown said Stewart went back to the tip to ‘ensure the duvet was safely gone’. “If he didn’t move from the car, how could he have known the duvet had gone or not?
He couldn’t tell if the skip was the same one or not.”
Implausible' that Stewart killed Helen Bailey - jury told
“There’s no forensic evidence that Helen was killed in the house. Does it make it more likely she died somewhere else?
“Surely it’s becoming more and more implausible that Stewart killed her.
“What about these two black bin liners in the cess pit? What have they got to do with this? Nobody can say how they got there.
“Plastic bags are non-degradable. “Surely they would have been rather useful items in the transportation of a body. “A body wrapped up inside those bags, put into the boot of a car, transported across from wherever, dumped in the cess pit, leaving no forensic trace inside that vehicle at all.
“The same I guess goes for Boris. Entice the dog into the bin bag with a dog toy?”
Nick and Joe' knew of cess pit
“Both Nick and Joe had previously seen the cess pit and its location, said Stewart. “They could have read in the press reports on April 22 that by that day, following extensive searches, it was reported in the media that the cess pit had been drained.
“So they knew there was more than one cess pit - but they would have realised that the cess pit was an ideal place to hide a body. “It’s ideal for their purposes.
“What better reason to return her home to her home address and to dump her in that ideal place to hide a body?”
Defence - Helen 'not killed' on morning of April 11
“So when was Helen killed? The Crown say sometime after 10.58am.
“The trouble is for them there is considerable direct and circumstantial evidence that that is not true. “There is considerable evidence Helen was alive and well long after 11am on April 11.
“Her death did not occur much later in the month of April after it was reported in the press that police had searched the Royston house, including draining the cess pit.
“There is evidence that is still unshaken, despite the Crown’s best evidence to shift those witnesses from their position. “The lynch in the prosecution’s case has disappeared, because Helen was not killed in the morning of April 11.”
Would Stewart have kept appointment with solicitor?
“If Stewart had just killed his wife, was the appointment to the solicitors one he had to keep on April 11? “Would he really have gone to the solicitors that day to deliver a few files after killing Helen and the dog, and throwing them in the cess pit?
“Is Helen renewing her searches as to why she felt so exhausted? No. “Might Helen have just have put down the iPad and turned to doing something else after 10.58am on April 11?
“Might she have popped out to get some milk? Actually do some writing? “Can you exclude those possibilities? “There isn’t any proof Helen popped out for milk and returned home upset, so why on earth should that detail pop into Stewart’s account?”
Would Stewart have called surgery about his dressing if he had killed Helen?
“Helen hadn’t used her phone at all that day (April 11) even when she was very much alive and sending emails that morning.
“Do you really truly believe that her killer’s instantaneous reaction would be coolly, calmly, to pick up the body of the woman and the dog, and remember to call the doctor’s surgery about his scheduled appointment to have his dressing changed?
“Would that really spring to the foremost of his mind if he had brutally and savagely just killed Helen?”
Defence says Helen was alive not dead on April 11
“And when Stewart does call the doctors, he doesn’t cancel the appointment, but rearranges it for three and a half hours later that very same afternoon.
“Do you really think someone would do that? Would he even remember to do that, if Helen was dead and lying on the floor? “We say Helen was still alive on April 11, she was not dead
Helen and Boris seen alive
“Both Catherine and Janice Richards saw Helen and Boris very much alive and walking along the street between 1pm and 2.20pm. “Fact or fiction?
“Both mother and daughter cross checked their movements, their spending, what they’d been doing, to provide as accurate a picture as they could to the police.
“If both those two ladies are right, then the prosecution case disintegrates completely. “Stewart did not kill Helen in the way the prosecution sat they did.
Those witnesses say they categorically saw Helen with Boris between 1pm and 2.20pm on April 11. “Another witness said she saw Helen between 3.40pm and 3.50pm, a time when the defendant was out.”
Stewart 'appeared normal' to nurse after supposedly killing Helen
“When Stewart left his house at 2.45pm on April 11 after his sleep, Helen Bailey was alive, she waved him off from the window. “The nurse [at the doctor’s surgery] said Stewart appeared normal.
But he’d just apparently killed his wife, and their dog. “The important factor is there was no difference in his behaviour and appearance, at 2.54pm on April 11.
“His behaviour was no different, because he had no reason other than to believe that Helen Bailey was alive and well.”
Stewart 'punched and threatened'
“Stewart left the surgery at 3.07pm, then he went to the tip. “He then went to the solicitors and went home by about 4.15pm at the latest.
“That’s when he noticed Helen wasn’t home.
She had gone, as had Boris, and following his return was the knock at the front door, and there was Nick who punched him, threatened him, told him Helen was with them but would be back on Friday.”
No need to set alarm because Helen was at home
“He told Stewart to act normal. Fiction? Fantasy? Or might that be true?
“If it’s not true, what is exceptionally interesting is that, if as the prosecution allege, Stewart had killed Helen and dumped her in the cess pit, what was the state of the house after that?
“Jamie’s at work, Oliver’s at work, Helen’s dead. “When he leaves the house to go to the doctors, he leaves the house empty and unoccupied.
“What’s the state of the evidence relating to the setting of the alarm? “The officer told you that whenever the house was left unoccupied the alarm was activated.
“He didn’t set the alarm when he left for the doctor’s, because the house wasn’t unoccupied - Helen was home and waving him off from the window with Boris in her arms. “There was no need for him to set this alarm as he would do normally if the house is unoccupied.”
Jury asked how they would react if partner was threatened
“It’s all very well to think about what Stewart should have done or might have done as we sit here nine months later in the cold light of day.
“Would you know what to do if a threat had been made to your partner’s life, do you know how you would react?
“You can’t honestly and truly say ‘I would’ve called the police’ not knowing what safety measures would be put in place to protect your partner.
“Press reports with a newsflash of ‘famous author abducted from her own home’, might have put her in that very jeopardy you wanted to avoid at all costs.”
Stewart 'stuck' with lie, court told as hearing breaks for lunch
“Once Stewart had told the lie [of Helen going missing] he was stuck with it.
“Having told his sons on Tuesday, he was stuck with saying it to Helen’s friends, to her brother.
“The lie was getting out of control, but he had to maintain the pretence and hope she would return as Nick had told him she would be.” There will now be a lunch break until 2.05pm.