UK - Constable arrested in murder of Claire Parry, 41, near Bournemouth; she died 10 May 2020

[Tortoise]

4:36pm

"May I return to what is Timothy brehmer's positive case.

"We say, finally, in that route to verdict, we saw boldly that you will look at that first question you are asked to consider, on his evidence that you can rely on, you will say you are sure he didn't intend to kill Claire Parry.

"If he had intended to kill her there were easier ways he could have done it."

4:38pm

"His version of events is true, and whilst, of course, that is our case, that isn't the end of it because it isn't for him to prove, it is for the Crown, and they haven't, have they?

"He has pleaded guilty to manslaughter, he has done that because he knows he is responsible for her death. That is his culpability.

"He is guilty of manslaughter, but he is not guilty of murder."


LIVE: prosecution warn jury "don't be fooled" by murder accused Timothy Brehmer

 

[Tortoise]

Not sure what this 'loss of control' is about. It sounds like some sort of diminished responsibility but he hasn't pleaded it so I don't get it.

 

[Legally Bland]

Thanks for the updates @Tortoise

Not sure about the loss of control either. I'm sure it'll be made clear to the jury in the summing up.

 

[Al Ka]

Google told me

Loss of control defence

The defence of loss of control is a partial defence that may reduce liability for murder to manslaughter. It does not operate to absolve the defendant of liability completely. It is not a general defence and exists only for the offence of murder.

Better and fully explained - Loss of control defence

 

[Tortoise]

Thank you @Al Ka

I'm surprised I've never heard of it in any of the cases I've followed before. I'd be amazed if his actions pass the third test -

S.54(1) A person who kills or was party to a killing may be convicted of manslaughter rather than murder where there exists:

(c) a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.



Salisbury Crown Court 1 U20200086
Brehmer, Timothy (T20207042 Winchester Crown Court)
Details: Trial (Part Heard) - Resume - 10:35
Trial (Part Heard) - Case adjourned until 12:30 - 10:47

 

[Legally Bland]

12:47pm

The Honourable Mr Justic Richard Jacobs will sum up the Timothy Brehmer murder trial today.

Slight delay in proceedings due to transport issues with the defendant.

Jury is now in.

12:49pm

Judge Jacobs said Brehmer accepts he is responsible for Claire Parry losing her life.

Tells jury they should put emotion on one side and approach the decision in an objective manner.

12:52pm

He confirms Claire Parry arrived at 2.44pm and at 3.02pm the text to Martha Brehmer reading "I'm cheating on you" was sent.

At 3.26pm Brehmer walked to the entance of the car park, Mrs Parry was unconscious at this time.

12:53pm

Judge Jacobs tells the jury it is not suggested by the prosecution that this was a premeditated murder.

12:55pm

"Prosecution refer to the lies that they say were told about Claire Parry having stabbed Mr Brehmer.

"You know about the comments he made about going to prison for a long time.

"They say, looking at that evidence, he knew she had been fatally injured by him."

12:56pm

"Prosecution say what happened in the car park afterwards tells you a great deal about what happened before."

12:57pm

"Defence say in the car park Mr Brehmer had been in a state of mental turmoil throughout the day as a result of Claire Parry bombarding him with messages.

"They say he wasn't thinking rationally when speaking to the Bartlett's, the paramedics.

"They say when he was interviewed the next day he gave a detailed account which checks out."

12:57pm

"Defence say that shows he is a man giving an accurate account of what happened."

12:58pm

"The defence say he is telling you the truth about the critical matters, or at least that you cannot be sure that he is not telling you the truth."

1:02pm

Judge Jacobs continued: "A statement from Andrew Parry was read to you, he described the difficulties in their marriage and his belief that his wife was being unfaithful.

"In February 2020 she admitted to him that she did cheat on him with Timothy Brehmer but said it was man years ago.

"Mr Parry spoke to Mr Brehmer and described him as giving a 'well rehearsed' response.

"By March this year he decided he was going to leave her."

1:04pm

"On the day before her death, they had got on well, although he had not slept with her inm the same bed that night.

"You also had evidence that in the preceeding days, Mrs Parry and Timothy Brehmer met on Wednesday and had sex."

Judge Jacobs then recalled the conversation Mrs Parry had with Kate Rhodes after the Wednesday. He said the messages might give an insight into how Mrs Parry was feeling.

1:07pm

"You had evidence from Mr Brehmer himself about his relationship with Claire Parry. He explained how it started and continued off and on for a number of years.

"He agreed he had spoken to Andrew Parry twice and that Mr Parry had been given the same story Mrs Parry gave her husband.

"He said everything was fine when they (Brehmer and Mrs Parry) met on Wednesday, but said everything went 'bonkers' on May 7 and May 8."

1:11pm

Judge Jacobs is now discussing the character references for Brehmer read on Thursday.

Statements describe him as "reliable, generous and loving".

1:13pm

On May 9, Brehmer told his wife he was going to drop supplies off to an elderly neighbour at 12pm. Then returned home with buns for the barbecue and left to go to work to pick up clothes, he told his wife.

He had already taken these clothes home that morning but transferred them to the Citroen before going out.

1:14pm

On the way to the Horns Inn, Brehmer went to Screwfix in Lymington to pick up rope but was unable to. At 2.41pm he arrived at the Horns Inn.

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:17pm

Dealing with the evidence, Judge Jacobs will begin with pathology.

Dr Amanda Jeffery gave evidence on the pathology. Judge Jacobs said the prosecution rely on her evidence because they say Claire Parry's body tells a "great deal" about what happened in the car park.

1:18pm

"The defence say it is only part of the evidence in the case and you (the jury) have the advantage over Dr Jeffery because you have heard all the evidence and seen the car.

"Dr Jeffery found it difficult to envisage how a struggle in the car would result in the injuries she saw."

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:20pm

"She said the most signifcant finding was that of severe neck injuries which her characterised by bruising and fractures to the hyoid and larynx."

1:22pm

"She described there being one fracture to the bone and two fractures to the cartilage in three seperate sites.

"She described a fracture in the hyoid bone. Beneath that, you can see the what she described as the thyroid cartilage and she said there was a fracture to the cricoid which sits on top of the windpipe."

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:23pm

"She described the injuries as severe neck injuries and she said the findings were indicative of the application of significant force to the neck."

1:25pm

"She said you can see bruising around the jawline. She said if a person drops the jaw down trying to wriggle free that bruising might well happen."

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:27pm

"In terms of the mechanism of death she said the severity of the neck injury would readily explain a cardiac arrest.

"She said that the pathology could not explain how long the sustained pressure was applied."

Judge Jacobs said Dr Jeffery told the court the minimum preiod for the haemorrhages to appear in Mrs Parry's face was 10 to 30 seconds.

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:29pm

"She said it couldn't be excluded, but there was no evidence to support (manual strangulation).

"She agreed the absence of injury externally is more in keeping with the crook of the arm."

1:30pm

"She was asked about the bruising to Claire Parry's body. She agreed that in general terms that bruising was consistent with there being a struggle in the car."

1:31pm

"She was asked about the suggestion that there had been the possibility of positional asphyxiation. She said there were no features typically seen with positional asphyxiation."

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:33pm

Turning to the evidence of the neighbours to the Horns Inn, and those who arrived on the scene, Judge Jacobs said two neighbours gave statements. Mrs Morris lived "close by" and was in her garden at 2.30pm and her attention was drawn to an argument coming from the direction of the Owl's Nest Pub. She said it sounded like a male shouting and a female not as loud.

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:34pm

Andrew Smith, who lived opposite the Horns Inn, said at 3.15pm to 3.30pm he heard shouting coming from the pub and assumed it was kids messing around. He heard a horn, the next door neighbour then pulled in, Mr Smith looked up and saw Brehmer sat in the driveway of the pub and people on bikes and stopped to help him.

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:36pm

The first witness on the scene was Rachel Bartlett. She saw Brehmer walking towards the entrance and he asked her to call an ambulance.

Mrs Bartlett spoke to Brehmer but he did not say there was a woman in the car park but she said he was paying some attention to something behind him.

1:37pm

She said Brehmer was very emotional, difficult to understand. She asked him what had happened and Brehmer said he had been stabbed.

Mrs Bartlett told 999 they thought there was a dead person in the car.

1:38pm

Lloyd Bartlett described seeing a female lying out the car. He and Mr Herridge went over and said Mrs Parry was still with blood coming out her mouth.

Mr Bartlett said Brehmer asked "is she dead".

1:38pm

Mr Bartlett believed Brehmer said Mrs Parry had stabbed him. He told the court Brehmer said he was going to prison for a long time.

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:40pm

Mark Herridge was the next witness who had been trained as a first aider and took over the 999 call. He couldn't remove Mrs Parry from the car, he told the 999 operator.

Mr Herridge went to the car with Mr Bartlett and saw Mrs Parry hanging out the car, arms on the ground, eyes wide open, legs around the gear stick and one shoe off.

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:41pm

He said Mrs Parry had a blue face and had blood in her mouth. The paramedics arrived and the car was moved.

Mr Herridge then spoke to Brehmer who said Mrs Parry was going to tell his wife.

1:42pm

Mr Herridge said he thought Mr Bartlett said Brehmer had stabbed himself.

1:44pm

The paramedics then gave evidence. James Best described Mrs Parry as lying half-in half-out the car with her face on the ground and said it was "obvious" she was not breathing.

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:49pm

Simon Mumford, and emergency care worker, spent some time with Brehmer in the ambulance asking about what had happened.

Brehmer explained to Mr Mumford he wanted Mrs Parry to leave. The defendant says he didn't remember after that and said "I think she stabbed me".

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:51pm

Judge Jacobs said: "At this stage of events it's fair to say Brehmer was saying Mrs Parry stabbed him and hadn't told anyone about the struggle in the car.

"But he does say that she wouldn't get out of the car and that he had said to her 'get out', but at that stage he was saying he didn't remember what had happened."

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:53pm

Police officer Mills then summarised to Brehmer what he had said and the defendant signed.

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury

 

[Legally Bland]

1:54pm

Mr Mumford described Brehmer has being polite and angry with himself.

1:56pm

On May 10, Brehmer went to Salisbury Hospital for an operation. At 9.27am, Brehmer said he thought he might have stabbed himself. He said this was to try and end his life. Brehmer has since said it was to try to get Mrs Parry's attention.

1:57pm

At 9.28am, Brehmer refers to the pushing and pulling in the car for the first time.

Brehmer said: "I was basically trying to get her out the car so I could go and kill myself."

LIVE: updates as judge sums up Timothy Brehmer murder trial to jury