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Crown: ?Listen to the scene? of Dill?s murder

Crown counsel Paula Tyndale made an impassioned plea for jurors to listen to experts who actually saw stabbing victim Nicholas Dill and the scene of his murder, rather than the ?sugarcoating? of famed pathologist Michael Baden.

Ms Tyndale told the court the jury must convict Andre Kirk Hypolite of murder if any injuries he gave Mr. Dill made his apparent drug overdose worse.

Hypolite denies killing Mr. Dill and causing grievous bodily harm to Stacy Pike with intent on December 26, 2004.

And Dill?s room at his family?s Pearman?s Hill, Warwick home bears witness ? more than Dr. Baden ? to the desperate struggle of two people to stay alive in the face of Hypolite?s attack, she said. ?This scene is telling you two people are fighting for their lives against one enraged man with a big knife,? the prosecutor explained, before recounting Ms Pike?s testimony.

The six woman, six man jury is likely to have the case against Andre Kirk Hypolite in its hands today after Puisne Justice Carlisle Greaves gives his summation.

?Did his injuries compromise his body in such a way that he was more susceptible to the drugs already in his body? If that is the case and you accept the defendant was responsible for causing the injuries and he had intent, then that means he is guilty,? Ms Tyndale said.

?(Defence witness) Dr. Michael Baden said the injuries may have made the overdose worse. The defendant has a responsibility.?

The prosecutor said one, two or three things ? acting together or separately ? might have caused the death of Mr. Dill.

?If any one of those things had a role to play, however small, and the defendant was responsible for one of those things then he is guilty,? Ms Tyndale said. ?Don?t buy into the fallacy it can only be one or the other. It can be both!

?(Dr. Baden) is not infallible. He is human like everyone else and he never examined the body, did not visit the scene and did not have all of the details of the case. You can?t replace active involvement,? she said. ?Or favour someone who used a to form an opinion about this case!?

The only way Dr. Baden?s opinion of death by drug overdose could be right, is if three other experts ? forensic pathologist Dr. Valerie Rao, Canadian blood expert Roi Gilbert and Government Analyst Christine Quigley are wrong.

?Do you accept this expert or that expert? One who has actual involvement or one who looks at papers? It is not a mathematical test about who is more famous,? she said. ?No sugarcoating can tell you a six-and-a-half inch deep wound was superficial or that an injury gouged out of the back of his hand was superficial.

Ms Tyndale also said there was no proof that Mr. Dill collapsed as Dr. Baden testified on Wednesday.

Neither was intoxication a defence, as the crack he smoked during his ?jolly old time? at Mr. Dill?s home that day may have been the ?Dutch courage? he needed to remove his inhibitions, the prosecutor claimed.

?I submit while intoxication can cause some to lose ability to form intent, it also has a liberating effect on people,? she said. ?In some cases it all means they get Dutch courage.

?That small voice of discouragement might go away,? she said. ?Absence of inhibitions is not absence of intent.?

Key witness, Ms Pike never hid her drug use or pretended to be a ?bastion of society with stalwart morality,? she said.

?This case had some evidence and material in it that might be deemed salacious, or immoral in some person?s view ? drug taking and sexual behaviour that might be deemed as deviant. But your individual and collective morality do not have a place in this case.?

However, she said no matter how Mr. Dill, Ms Pike, or Hypolite lived they were still subject to the same laws as the rest of society and deserved justice.

On the day in question, there was a ?tacit agreement? between Hypolite and Ms Pike that ?they should remain in the house and get it on?.

She said on Christmas Day, 2004, Hypolite showed Lisa Caines two kitchen knives hidden in his waist that could have been with him on the night of Mr. Dill?s death, Ms Tyndale said.

?Could it be the reason he did not want to undress in the room that night was because he had knives secreted in his clothes?? Ms Tyndale asked.

She also said Hypolite lied to Police when he said he was never naked in the room, when Ms Pike said she eventually took off his jeans. ?If he lied about that what else did he lie about?? she asked.

At the critical moment, after Hypolite was twice denied sex both by Ms Pike and Mr. Dill, he silently rose from the bed, went to a dresser to collect a ?huge knife?, leaned Mr. Dill forward and swung the blade into his back, she alleged.

?Apparently all hell must have broken loose because Mr. Dill tried to grab the knife,? she said. ?Stacey decided to get a machete and the defendant whacks her on top of the head and she says that all of a sudden it got hazy.

?She did not know in the heat of battle, she did not realise it was her blood. Stacey said things were going fast, things were being thrown and sees bodies!?

Ms Tyndale added: ?A struggle took place in the corner of the room. No sugarcoating from a TV expert can change the fact this cast-off stain was a lot of blood. The doctor (Dr. Baden) would have you believe a teaspoon could smear a whole wall.?

Mr. Dill was ?struggling for his life? as Hypolite had a ?huge knife? in his hand, Ms Tyndale alleged, as blood from his wounds ?painted and pasted the floor red?.

She described the deceased searching for escape as the defendant followed him with the knife. ?Stacey gets the machete and tries to help Nicky and swings the machete at the defendant but makes no impact,? also referring to two ?slight scratches? on Hypolite?s chest.

Witness Andre Dill saw his brother crouching down inside the scene, proof of Dr. Rao?s evidence that Mr. Dill?s spinal area was cut, she said.

Neither did Dr. Baden did not know how much of Mr. Dill?s blood was washed down the tub as Hypolite put clothes on, jumped out a window and escaped, she said.

?Perhaps Hypolite was cut during his escape, she said, which would explain why his DNA was found on the window, back wall, path and his motorcycle.

?He may have been enraged and high and still able to think clearly enough to know how, when and where to escape,? she said. ?The defendant knew exactly what he was doing.

?Dr. Rao herself had examined and seen people who died of drug overdoses and they looked nothing like this.?

Dr. Valerie Rao performed the autopsy on December 29, 2004 and visited the crime scene while Dr. Baden saw pictures and did not have access to all of the statements, she said.