Murder victim feared for life, court told

Lisa Cecilia Harnum was clearly terrified of her controlling, dominating partner in the last minutes of her life, his murder trial has been told.

He is accused of humiliating, controlling and denigrating her.

He allegedly made her fear for her life.

And finally he took that life by throwing her from a high-rise apartment balcony in a fit of rage when he discovered she was trying to leave him, his murder trial has been told.

In his closing address to Simon Gittany's Sydney murder trial on Wednesday, crown prosecutor Mark Tedeschi, QC, painted a damning picture of the 40-year-old's relationship with his alleged victim, Lisa Cecilia Harnum.

Gittany has pleaded not guilty to murdering Ms Harnum by throwing her off their CBD apartment balcony on July 30, 2011.

Mr Tedeschi submitted there were several sources of evidence that prove Gittany controlled every aspect of Ms Harnum's life, from the clothes she wore, where she went, how she behaved and who she was friends with.

He also monitored her text messages from a secretly-installed computer program, had CCTV cameras in their shared apartment and checked her internet searches.

"Gittany was conducting the most intense surveillance of his partner that one can possibly imagine," Mr Tedeschi said.

Two days before her death, Gittany discovered Ms Harnum had confided in her personal trainer and counsellor about leaving him and had put some clothes in storage.

According to evidence from Ms Harnum's mother, Gittany was "absolutely furious" and made Ms Harnum get down on her knees and promise to submit to him.

"He has humiliated her, denigrated her, put her in a position where she was physically and emotionally subservient to him and exerted his control over her," Mr Tedeschi said.

On the morning of her death, Gittany then discovered Ms Harnum had looked up a one-way flight home, the court heard.

In the last two phone calls to her mother in Canada, Ms Harnum was "very fearful something was going to happen".

"If anything happens to me, contact (my counsellor)," she told her mother.

That was the last time they ever spoke.

Four hours later, CCTV footage showed Gittany grabbing Ms Harnum as she attempted to leave the apartment and dragging her back inside as she screamed "Help me. God help me."

"She was clearly terrified," Mr Tedeschi said.

"She she clearly calling out for her life.

"Sixty-nine seconds later, she was dead."

Gittany's version of what happened after dragging her back in the apartment - that Ms Harnum calmly sat on the lounge before suddenly running to the balcony and "disappearing" over it - was "inherently incredulous", Mr Tedeschi said.

Her fingerprints were not found on the 1.2 metre-high balustrade and Ms Harnum still had her handbag.

"How on earth could a person climb over a balustrade without leaving fingerprints while clutching a handbag?" Mr Tedeschi said.

Two eye-witnesses have given evidence of Gittany's actions on the balcony, including passer-by Josh Rathmell, who said he saw Gittany unload what he then thought was luggage over the balcony.

Mr Tedeschi submitted Gittany lied to police immediately after Ms Harnum's death and tried to convey the impression that she had killed herself.

Later he told the court a different version of events - that she "disappeared" over the balcony before slipping off the awning below as he desperately tried to reach her.

"If this was the truth he would have been adamant to tell police this was a slip or a fall," Mr Tedeschi said.

"She didn't slip, she didn't fall, she didn't slide or end up lying on an awning. She was unloaded."

Defence closing submissions will be heard on Thursday, when the judge-only trial continues.


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Source: AAP


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