5
deceased to repay to him the balance of $1,500 due by them to him
and, in addition, the fact that
the girl
was responsible for
spurning his advances, whatever they may have
been. The earlier evidence disclosed that the girl, who had lived in the
area, left there some months earlier.
SUMMARY OF ORAL EVIDENCE OF CONVICT
11. The convict in his evidence stated that after
left
for work on the morning of 28th January 1981 the deceased turned on
his (the convict's) radio without his permission, while he was trying
to sleep. He remonstrated with her. He claimed she answered him,
in the course of verbal exchanges, disrespectfully so he decided to
teach her a lesson. He admitted tying her up and gagging her
on the floor of the hut, the surface of which was stone. He claimed
that as he did not want her to be on the cold stone floor he put
her on to the lower bunk and that while doing so she squeezed his
testicles with her hands causing in pain: as a result he lost
control of himself and he became very angry strangling her in
He admitted that he had tied her hands together before
placing her on the bed. He further said he tied her hands to the bed
his anger.
with cord.
ISSUE PROVOCATION
12. The convict raised the issue of provocation upon which issue jury
were directed.
CONCLUSIONS
13. The jury, by their the verdict, clearly rejected the convict's
account that he was provoked by the conduct of the deceased to kill
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