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Lauren Dickason trial: Crown tells jury ‘you will be sure’ this is a case of murder

Author
Anna Leask, NZ Herald,
Publish Date
Fri, 11 Aug 2023, 2:09pm

Lauren Dickason trial: Crown tells jury ‘you will be sure’ this is a case of murder

Author
Anna Leask, NZ Herald,
Publish Date
Fri, 11 Aug 2023, 2:09pm

WARNING: This story contains graphic and sensitive content.

Lauren Dickason murdered her three little girls out of anger and her “need for control” over her family - she knew what she was doing, and the consequences, and she did not contemplate stopping, a court has heard.

And while she was “significantly unwell” with depression, her condition was not bad enough for her to have a defence of insanity or infanticide.

That is the crux of the Crown case against the triple murder accused.

Prosecutor Andrew McRae gave his closing address to the jury at Dickason’s High Court triple murder trial this morning.

The defence will give its closing this afternoon.

“Undoubtedly, the depression affected her decision-making at that moment - but not to such a degree that she was unable to understand her actions were morally wrong,” he said.

“She ought to still be held fully responsible for what she’s done.”

The 42-year-old admits killing her three daughters Liané, 6, and 2-year-old twins Maya and Karla - by smothering them to death at their Timaru home in September 2021.

But she denies it was murder and has pleaded not guilty by reason of insanity or infanticide.

Crown Prosecutor Andrew McRae during his closing today. Photo / George Heard

Crown Prosecutor Andrew McRae during his closing today. Photo / George Heard

The trial began on July 17 and over the past four weeks a jury of eight women and four men have heard extensive evidence about Dickason’s life before and after she and her family emigrated to New Zealand from South Africa a month before the children died.

Dickason’s actions on the day of the alleged murders were canvassed at length along with her lifelong battle with a major depressive disorder, her gruelling fertility journey including at least 17 rounds of IVF and the loss of a baby early in a pregnancy, and her struggles with motherhood.

The court was also shown videos of Dickason and her husband Graham being interviewed by police after the little girls were killed.

Graham Dickason then gave evidence via audio-visual link from his home in Pretoria after he chose not to return to New Zealand to attend the trial.

In his final address today McRae said the jury had heard a lot of evidence over the last month and may think their task ahead was impossible.

“While you may not think so at this point in the trial the issue in this case is going to be quite simple for you,” he said.

“There’s no doubt that Ms Dickason killed her three children. There’s no doubt in terms of the manner in which she did that.

“The issue is going to be whether her actions at the time she killed her children … are partially excused by the fact that the balance of her mind was disturbed by the effects of childbirth or a disorder consequent upon childbirth … or whether she was insane.

“She was significantly unwell with depression … but she wasn’t so unwell she has a medical defence available to her.

“On the contrary … her actions are explained by two primary drivers - her anger at her children’s behaviour and her need for control - in that isolated moment, there was a loss of control in the context of the situation she was in.

“Once she started doing what she was doing to the girls there was no turning back.

She did not contemplate stopping … she said “they would have known what I did because of the ligature marks on their necks”.

“The Crown say she was not insane … she was not so unwell she did not know her actions were morally wrong.”

Lauren Anne Dickason appears in court on the first day of her two-week trial for the murder of her three children.

Lauren Anne Dickason appears in court on the first day of her two-week trial for the murder of her three children.

McRae said while Dickason’s “history of major current depression” is not in dispute - the timing of it is “essential”.

The Crown say Dickason’s depression began when she was 15 and recurred throughout her life including after she gave birth to Liane and then twins.

However, in early 2021 she had a period of “sustained remission”.

In the lead-up to emigrating to New Zealand she faced new and specific issues around moving her family overseas, the pandemic and lockdowns and an increase in violent crime in South Africa.

“Those new stressors created the depression… she had recovered from the postnatal depression. Infanticide is not available to her,” McRae said.

McRae said it was also crucial for the jury to look at Dickason’s credibility.

He said what she told police and the first psychiatric experts to assess her was the truth - and later accounts were effectively her attempting to “rationalise” her actions.

McRae said Dickason’s accounts to clinicians and five experts - two for the Crown and three for the defence - were “inconsistent”.

“It shifts, it changes, it evolves,” McRae said.

“Her accounts did not indicate that this was done out of love or that she did this because it was in their best interest - her action was very much done in a moment of anger.

“Her account varies so much because of the treatment provided to her and her very natural desire to rationalise this very terrible act.”

McRae said her earlier accounts to police and Crown experts “better crystallises… what actually happened”.

Any suggestion of an “altruistic motive” - killing her children out of love and a suggestion heavily relied on by the defence - was an idea introduced to her during her later psychiatric treatment.

“The treatment she received clouded her responses,” he said.

“When you look at the information [she gave in the initial interviews] critically… there was no true altruistic motive that was given to them.”

McRae said the jury should be “sceptical” of Dickason’s claims she killed the girls because she did not want to “leave them behind” when she committed suicide.

“It was an act done out of anger as a consequence of the children’s behaviour at the time,” McRae told the court.

Dickason allegedly killed 6-year-old Liané, and 2-year-old twins Maya and Karla at their Timaru home on September 16.

Dickason allegedly killed 6-year-old Liané, and 2-year-old twins Maya and Karla at their Timaru home on September 16.

He said it was crucial the jury put their emotions aside when assessing the evidence - and to remember this was “not a trial by expert”.

“This has been a very very difficult trial you’ve sat through in four weeks… with complicated lengthy evidence - and in many aspects what has been traversed has been distressing,” McRae said.

“It is natural you will have various feelings of sympathy or prejudice - you may be feeling a mixture of sympathy and prejudice for many of the people involved in trial - Mr Dickason, and (the accused’s parents).

“You may not agree with her actions you may feel sorry for her given everything she has lost - you can acknowledge those feelings, but you need to put them to one side.

‘You need to come to the verdict solely on the evidence… clinically, dispassionately and without emotion.

“This trial is not a search for excuses or reasons or even sense - this trial is a search for the truth.”

McRae was critical of the defence experts - saying they did not undertake “robust testing” of Dickason’s account and “ignored crucial information”.

He said their assessments “lacked rigour” and that they “did not test her account sufficiently” and “accepted it unchallenged”.

Information the Crown say is “so important in this trial” was simply disregarded and one expert did not even speak to Dickason’s husband directly - relying instead on accounts of others’ engagement with him.

McRae acknowledged the defence would likely pick holes in the Crown’s experts and suggest they did not have a good rapport with the accused which explained her lack of full disclosure to them.

However, he said their accounts were the most reliable, robust and credible.

In particular, McRae said the jury needed to take “extreme caution” with the evidence of forensic and reproductive psychiatrist Dr Susan Hatters-Friedman.

Touted as a world-renowned expert on infanticide - she was the first expert the defence called.

McRae said she spoke to Dickason some 18 or 19 months after the alleged murders and the account the accused gave “bore no resemblance” to the interview she gave to police or the experts who saw her first.

He said a “prime example” of why the jury should disregard the evidence was Hatters-Friedman had “a starting point of altruism, rejecting anything that did not fit with that”.

Further, she “overdramatised” and “overvalued” some information.

Overall the defence experts did not consider information that was contrary to their theory on Dickason, disregarding evidence that “did not fit”.

“They didn’t look hard enough... it is clear that anger is present,” said McRae.

“The Crown accept that Mrs Dickason was unwell… what happened here was a perfect storm, she was subject to a new stressor that caused her to snap.

“Her anger is proven with her relationship with her children seen over the year in her text messages… in her police interview and in her own interviews with the experts.

“The Crown say the [defence experts] were blinded by the defendant’s explanation of altruism.”

McRae said the jury would be satisfied “beyond a reasonable doubt” that Dickason had committed murder.

“You will be sure,” he said.

He said they would not find enough evidence for the partial defence of infanticide, or the full defence of insanity.

Police at the scene of the alleged murders. Photo /  George Heard

Police at the scene of the alleged murders. Photo / George Heard

McRae said there were many elements the jury had to consider in making its final decision.

He said they “could be sure” that her depression was “in line with her personality deficits” and any childbirth or postpartum issues were “a minimal contributor”.

He said the alleged murders came at a time when any postpartum depression was “long gone”.

“The additional stressors have taken over,” he said.

“The cause of disturbance of her mind was not the result of childbirth - and even if it was, it does not excuse her actions.

“The new stressors had layered on top of each other… she acted in anger.”

Regarding the insanity defence, McRae said it did not exist.

“The Crown say the defendant knew… she was going to kill them, she knew the nature of the act, she knew the consequence,” he said.

“She knew she was killing the girls and she proceeded regardless.”

“The Crown accept that Mrs Dickason was unwell… but what happened here was a perfect storm, she was subject to a new stressor that caused her to snap.

“Her anger is proven by her relationship with her children seen over the year in her text messages… in her police interview and in her own interviews with the experts.

“Aspects of anger did bubble over in many aspects of her life...”

Further, McRae said Dickason was “resentful” of the impact the children had on her relationship with her husband - that she got less uninterrupted time with him - and she was “jealous” that they often seemed to prefer their father.

He urged the jury to place the most weight on the police interview with the accused.

“It’s the very first account... free of any influence... the Crown say it’s the one you should take the most from,” he said.

“There can be no suggestion that the content is wrong or misleading.

“That content describes anger towards the girls…it is the first account of why she did what she did.

“There is a very clear theme of anger...it is anger that explains the defendant’s actions here - this was a long time brewing...yes she was mentally unwell, but she was not so mentally unwell she could not determine the moral wrongfulness of her actions.

“She must have known what she was doing was morally wrong if she was worried about the possibility of discovery...she made efforts to clean up the scene... she’s understanding what she’s doing.

“You will be drawn to the inevitable conclusion that she knew what she was doing was morally wrong and the defence of insanity is not available to her.

“As difficult as that is...you will find her guilty of murder...it is clear that anger is the significant motivator in this case.”

McRae said this was “an absolutely clear” case of murder.

“What happened was a direct response to the stressor,” he said.

“To sit back and look at the facts - the inevitable conclusion is that the medical defence is not available - and as hard as it might be the only verdict available is guilty murder... it is clear that anger is the significant motivator in this case.

The defence will present its closing address after 2pm today and are expected to take several hours outlining their final points to the jury.

On Monday, Justice Cameron Mander will sum up the entire trial and then the jury will be sent to deliberate.

Mander will also direct jurors on how to reach a verdict - what to consider, what to disregard and how to work through the process.

SUICIDE AND DEPRESSION


Where to get help:
• Lifeline: Call 0800 543 354 or text 4357 (HELP) (available 24/7)
• Suicide Crisis Helpline: Call 0508 828 865 (0508 TAUTOKO) (available 24/7)
• Youth services: (06) 3555 906
• Youthline: Call 0800 376 633 or text 234
• What's Up: Call 0800 942 8787 (11am to 11pm) or webchat (11am to 10.30pm)
• Depression helpline: Call 0800 111 757 or text 4202 (available 24/7)
• Helpline: Need to talk? Call or text 1737
If it is an emergency and you feel like you or someone else is at risk, call 111

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