The evidence against a woman accused of murdering her second husband is entirely circumstantial, a judge said yesterday.
Dena Thompson, 43, is accused of poisoning advertising salesman Julian Webb on his 31st birthday at their home in Douglas Close, Yapton, nine years ago.
The Recorder of London, Michael Hyam, told an Old Bailey jury as he was summarising the case against her yesterday: "Nobody was present in the house when Julian died and nobody had been in communication with him since the weekend. So the prosecution rely on circumstantial evidence in this case.
"The prosecution say circumstantial evidence will lead you to conclude Julian did not commit suicide and consequently that the defendant killed him."
The prosecution alleges Thompson fed bodybuilder Mr Webb with a lethal cocktail of aspirin and antidepressants hidden in at least one hot curry. But Thompson claims he committed suicide after becoming depressed.
Mr Hyam said: "The issue is whether the defendant killed Julian or whether he did or might have committed suicide. Next, you have to be sure the defendant, when she did the act which killed Julian, intended to kill Julian or cause him grievous bodily harm.
"If you came to the conclusion Julian was so upset by the defendant's deceit and endless lies that he killed himself, then that would not be murder."
On Monday prosecutor Michael Birnbaum QC criticised Thompson for refusing to take the stand and give her version of events.
But the judge told the jury: "It's the defendant's right not to give evidence. She is entitled to remain silent and say to the prosecution, 'you have brought this case, you prove it'. You must not assume the defendant is guilty just because she has not given evidence.
"However, as she was told in your presence by me through her counsel, you may take into account her failure to give evidence when deciding on your verdict.
"In this case it is alleged by the prosecution and, to some extent admitted by the defence, that the defendant has told a wide variety of lies about most aspects of her life.
"These are only relevant if they help you to decide she is a wholly manipulative woman who lied to get her way.
"It is important to stress simply because a person tells lies intended to manipulate people to do her bidding, it does not mean in itself she is guilty of murder, or because she is a liar or morally corrupt that she has a propensity to commit murder."
Dena Thompson denies murder. The jury is expected to begin deliberating tomorrow.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article