Jail for murder of tetraplegic friend

Photo Dean Kozanic The Press

GUILTY VERDICT: Eric Smail.

VICTIM: Keith McCormack.

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Five years after he cut the throat of his tetraplegic close friend, Eric Neil Smail was today jailed to life imprisonment, with a 14-year non-parole term.

Justice Lester Chisholm today recalled the bizarre aspects of the killing as he sentenced 53-year-old Smail in the High Court at Christchurch after he was found guilty of murder by a jury in June.

The judge noted that after cutting the throat of 56-year-old Keith Graeme McCormick, Smail had kissed him and told him he loved him.

"The bizarre nature of the killing possibly reflects your jumbled thinking at the time," Justice Chisholm told Smail, who had to wipe his eyes during the sentencing that went on for nearly three hours.

Smail was found guilty of murdering former paralympian Mr McCormick at the house they shared in the Christchurch seaside suburb of Sumner, in July 2005.

Mr McCormick's mother, 84-year-old Dorothy McCormick, told the court: "I promised myself to stay alive until this sorry business was seen through. I owe it to Keith to see it through.

"I have always been considered confident and independent but my life is now full of sorrow and fear."

The murder of her son had turned her life upside down. She said she had never trusted Smail and had passed those fears on to her son but he had always defended his friend.

Mr McCormick was disabled by a diving accident when he was 22 and his life had involved a slow rehabilitation. He later had a further injury when he fell from his wheelchair.

Mrs McCormick said the rehabilitation "was eventually rewarded with his many sporting achievements and determination to overcome his disabilities".

Justice Chisholm said Mr McCormick had been described in glowing terms as a man who "brought amazing fortitude to his misfortunes".

Crown prosecutor Phil Shamy argued that a non-parole term of 17 years should be imposed. It was reprehensible that Mr McCormick had been killed by a man he cared for, trusted, and supported. "He had no way of defending himself at all from what occurred."

Defence counsel Judith Ablett-Kerr said it would be manifestly unjust to impose a life sentence on Smail. He was in ill-health, having had a heart attack last year.

He had made considerable progress in attempting to rehabilitate himself and had formed a new relationship for the first time in almost 20 years.

She said the death of Mr McCormick "had elements of a mercy killing". The two men, who had genuine love and affection for each other, had discussed it and Mr McCormick had talked about it with other people.

She said Smail had turned out to be unsuited to be a live-in carer and was unable to deal with the stress. In the last days, he did not want to go into the room where Mr McCormick was bedridden. He said the darkened room was "like a tomb".

She accepted Smail had "lost the plot" when he entered the house on the night of the killing and the words from Mr McCormick were enough to tip him over.

The crown said the killing occurred when Mr McCormick remonstrated with Smail about arriving late and intoxicated.

Mrs Ablett-Kerr said Smail believed he must have been insane to have killed his friend.

The defence argued that a life term was not necessary in this case. Smail posed no risk and the public did not need to be protected from him.

But Justice Chisholm said he did not accept that the presumption for life imprisonment in cases of murder had been rebutted. He said he accepted that Smail was the wrong man for the role of a carer and there had been obviously genuine personality and stress factors involved, but the case did not pass the legal threshold required.

He imposed the sentence of life imprisonment, with a non-parole term of 14 years.

- NZPA