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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 鈥渘eed for control鈥 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 鈥渟ignificantly unwell鈥 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鈥檚 High Court triple murder trial this morning.

The defence will give its closing this afternoon.

鈥淯ndoubtedly, 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,鈥 he said.

鈥淪he ought to still be held fully responsible for what she鈥檚 done.鈥

The 42-year-old admits killing her three daughters聽

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鈥檚 life before and after she and her family emigrated to New Zealand from South Africa a month before the children died.

Dickason鈥檚 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.

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

鈥淭here鈥檚 no doubt that Ms Dickason killed her three children. There鈥檚 no doubt in terms of the manner in which she did that.

鈥淭he issue is going to be whether her actions at the time she killed her children 鈥 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 鈥 or whether she was insane.

鈥淪he was significantly unwell with depression 鈥 but she wasn鈥檛 so unwell she has a medical defence available to her.

鈥淥n the contrary 鈥 her actions are explained by two primary drivers - her anger at her children鈥檚 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.

鈥淥nce she started doing what she was doing to the girls there was no turning back.

She did not contemplate stopping 鈥 she said 鈥渢hey would have known what I did because of the ligature marks on their necks鈥.

鈥淭he Crown say she was not insane 鈥 she was not so unwell she did not know her actions were morally wrong.鈥

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鈥檚 鈥渉istory of major current depression鈥 is not in dispute - the timing of it is 鈥渆ssential鈥.

The Crown say Dickason鈥檚 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 鈥渟ustained remission鈥.

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.

鈥淭hose new stressors created the depression鈥 she had recovered from the postnatal depression. Infanticide is not available to her,鈥 McRae said.

McRae said it was also crucial for the jury to look at Dickason鈥檚 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 鈥渞ationalise鈥 her actions.

McRae said Dickason鈥檚 accounts to clinicians and five experts - two for the Crown and three for the defence - were 鈥渋nconsistent鈥.

鈥淚t shifts, it changes, it evolves,鈥 McRae said.

鈥淗er 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.

鈥淗er account varies so much because of the treatment provided to her and her very natural desire to rationalise this very terrible act.鈥

McRae said her earlier accounts to police and Crown experts 鈥渂etter crystallises鈥 what actually happened鈥.

Any suggestion of an 鈥渁ltruistic motive鈥 - 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.

鈥淭he treatment she received clouded her responses,鈥 he said.

鈥淲hen you look at the information [she gave in the initial interviews] critically鈥 there was no true altruistic motive that was given to them.鈥

McRae said the jury should be 鈥渟ceptical鈥 of Dickason鈥檚 claims she killed the girls because she did not want to 鈥渓eave them behind鈥 when she committed suicide.

鈥淚t was an act done out of anger as a consequence of the children鈥檚 behaviour at the time,鈥 McRae told the court.

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

Dickason allegedly killed 6-year-old Lian茅, 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 鈥渘ot a trial by expert鈥.

鈥淭his has been a very very difficult trial you鈥檝e sat through in four weeks鈥 with complicated lengthy evidence - and in many aspects what has been traversed has been distressing,鈥 McRae said.

鈥淚t 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鈥檚 parents).

鈥淵ou 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.

鈥榊ou need to come to the verdict solely on the evidence鈥 clinically, dispassionately and without emotion.

鈥淭his trial is not a search for excuses or reasons or even sense - this trial is a search for the truth.鈥

McRae was critical of the defence experts - saying they did not undertake 鈥渞obust testing鈥 of Dickason鈥檚 account and 鈥渋gnored crucial information鈥.

He said their assessments 鈥渓acked rigour鈥 and that they 鈥渄id not test her account sufficiently鈥 and 鈥渁ccepted it unchallenged鈥.

Information the Crown say is 鈥渟o important in this trial鈥 was simply disregarded and one expert did not even speak to Dickason鈥檚 husband directly - relying instead on accounts of others鈥 engagement with him.

McRae acknowledged the defence would likely pick holes in the Crown鈥檚 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 鈥渆xtreme caution鈥 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 鈥渂ore no resemblance鈥 to the interview she gave to police or the experts who saw her first.

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

Further, she 鈥渙verdramatised鈥 and 鈥渙vervalued鈥 some information.

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

鈥淭hey didn鈥檛 look hard enough... it is clear that anger is present,鈥 said McRae.

鈥淭he Crown accept that Mrs Dickason was unwell鈥 what happened here was a perfect storm, she was subject to a new stressor that caused her to snap.

鈥淗er anger is proven with her relationship with her children seen over the year in her text messages鈥 in her police interview and in her own interviews with the experts.

鈥淭he Crown say the [defence experts] were blinded by the defendant鈥檚 explanation of altruism.鈥

McRae said the jury would be satisfied 鈥渂eyond a reasonable doubt鈥 that Dickason had committed murder.

鈥淵ou will be sure,鈥 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 鈥渃ould be sure鈥 that her depression was 鈥渋n line with her personality deficits鈥 and any childbirth or postpartum issues were 鈥渁 minimal contributor鈥.

He said the alleged murders came at a time when any postpartum depression was 鈥渓ong gone鈥.

鈥淭he additional stressors have taken over,鈥 he said.

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

鈥淭he new stressors had layered on top of each other鈥 she acted in anger.鈥

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

鈥淭he Crown say the defendant knew鈥 she was going to kill them, she knew the nature of the act, she knew the consequence,鈥 he said.

鈥淪he knew she was killing the girls and she proceeded regardless.鈥

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

鈥淗er anger is proven by her relationship with her children seen over the year in her text messages鈥 in her police interview and in her own interviews with the experts.

鈥淎spects of anger did bubble over in many aspects of her life...鈥

Further, McRae said Dickason was 鈥渞esentful鈥 of the impact the children had on her relationship with her husband - that she got less uninterrupted time with him - and she was 鈥渏ealous鈥 that they often seemed to prefer their father.

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

鈥淚t鈥檚 the very first account... free of any influence... the Crown say it鈥檚 the one you should take the most from,鈥 he said.

鈥淭here can be no suggestion that the content is wrong or misleading.

鈥淭hat content describes anger towards the girls鈥t is the first account of why she did what she did.

鈥淭here is a very clear theme of anger...it is anger that explains the defendant鈥檚 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.

鈥淪he 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鈥檚 understanding what she鈥檚 doing.

鈥淵ou 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.

鈥淎s difficult as that is...you will find her guilty of murder...it is clear that anger is the significant motivator in this case.鈥

McRae said this was 鈥渁n absolutely clear鈥 case of murder.

鈥淲hat happened was a direct response to the stressor,鈥 he said.

鈥淭o 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


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