Would a court transcript become available? I have so many questions about this case. Not so much about DV as a perp, although I find the alleged motive hard to believe, but the legal points involved.
If I understand the news well, DV was convicted for murder without any description of how that murder was committed? Or did the autopsy come up with indications? But nothing is mentioned in the press.
IMO he was the most obvious person to hide the body, but how was this elevated to murder in legal terms?
It is not necessary to show how the victim was killed. it is often very difficult for a post mortem to provide a cause of death with skeletal remains or when a body is badly decomposed. There was no cause of death identified in this case, owing to the extent of decomposition.
Murder is a Common Law offence, in that it was made through the annals of the history of Britain and its colonies, from the precedents of Judges rather than being from statutory law, i.e. that which the state has created, such as in the UK Parliament.
Murder requires both a guilty act (actus reus) PHYSICAL ACT and a guilty mind (mens rea) INTENT
To convict a defendant of murder the following points must be proved:
1. The victim must have been a 'person in being' (excludes a baby in the womb)
2. The victim must have died
3. The victims death must have been caused by an act (or omission) of the defendant
4. The killing must be shown to be unlawful (i.e. not a reasonable act of self-defence or defending others, a doctor withdrawing life-support)
5. The mens rea must also be shown beyond reasonable doubt, that being to kill of cause grievous bodily harm
For DV points 1 and 2 would have been demonstrated easily by the prosecution from the DNA identification and medical evidence. BV was identified as such, she had been a person in being and she had died. These were not in dispute.
It was then for the prosecution to also prove 3,4 and 5 beyond all reasonable doubt. These were proven to the satisfaction of the jury, 10-2 majority.
The fact that BV was found in the septic tank shows that BV was concealed. The jury were obviously satisfied that BV, even with depression, would not have chosen such a way to commit suicide and also that is was physically not possible for her to pull the septic lid back on, from within. Neither were the jury satisfied that BV met her death at the hands of a stranger, who happened to know where the septic tank was, and then took her back there. Therefore the jury decided that it was beyond reasonable doubt that DV put BV in the septic tank.
BUT that alone would be an offence of obstructing a Coroner or preventing a lawful burial....NOT murder.
BV was 48 when she disappeared. She had seen a psychiatrist who had diagnosed depression and noted DV's treatment of her. BV did not have any identified physical health conditions that may have caused her sudden death. If this was the case why would DV place BV in the septic tank and not call for an ambulance/doctor. Anyway DV said she went missing not that BV collapsed at home/fell, knocked her head and died and DV decided to put BV in the septic tank rather than call for help!
The jury were presented with evidence of DV's treatment of BV, his philandering and that they had not shared the same bed in the three years before BV's death. They had not had intercourse since the late 1960's. These statements were from the psychiatrists notes. DV had previously said they went to bed together and in the morning when he awoke, BV had gone. He was shown to have lied in Court and to have presented a rosy picture of their marriage that was blatantly not true. His apparent lack of concern/worry/sadness at BV having gone missing in the weeks, months and years ahead demonstrated a continued callousness.
The majority jury decided that the circumstantial evidence, based on witness evidence from the time and medical evidence, together with DV having been shown to have lied to the Court meant that BV had been been killed unlawfully, that DV was the perpetrator and that it was demonstrated beyond reasonable doubt. It does not have to show that DV intended to kill BV, just that that jury are satisfied beyond reasonable doubt that DV intended BV serious harm.
You may not consider it to be entirely black and white. Your uncertainly is echoed by there being a majority verdict, where two jurors were not persuaded by the evidence. There is rarely a smoking gun. This is a matter of the evidence being considered as a whole and deciding for oneself.
This process is the whole basis for jury trial, when a defendant is judged by their peers based only on the evidence presented in court. It's not perfect, as nothing can be, but it is the best system there is in a democratic society.