Nisbet 'quiet and sullen' before death

MURDER TRIAL: Philip Nisbet, left, and Helen Milner, cut from a family photo taken in late March 2009.
MURDER TRIAL: Philip Nisbet, left, and Helen Milner, cut from a family photo taken in late March 2009.

A workmate of a Christchurch man who died after being allegedly poisoned by his wife says the man's behaviour had changed in the time leading up to his death.

Margaret Sewell, lawyer for murder accused Helen Milner, wrapped up the defence case today at her trial in the High Court in Christchurch.

Sewell says Philip Nisbet's death in May 2009 was a suicide but the Crown has charged Milner with murder, and attempted murder over an incident the previous month.

Lesley Joseph Kennedy, who was the distribution manager at the firm where Nisbet worked, said he telephoned Nisbet after an incident in April 2009 when he collapsed at work.

Nisbet said he was feeling OK that evening, and could not understand why he had collapsed.

The Crown alleged it was the day he had been poisoned with the anti-allergy drug Phenergan by Milner.

Kennedy said Nisbet became "quiet and kind of sullen" when he returned to work after that incident. His sense of humour was not there.

It was unusual for him to be like that. He asked him about it twice, but both times Nisbet said he was OK.

Shown documentation, he said it was very strange for Nisbet to have left so many days of his driver's logbook incomplete about this period.

"I can't understand why he didn't fill out his logbook."

He said Nisbet was usually good at paperwork. There had been no complaints about it.

Milner herself did not take the witness stand.

Sewell said Milner, 50, had already given two statements to the police and had spoken on oath at the coroner's inquest.


Lawyer Graham Coumbe said he had done various legal work for the couple. At one point they had separated and had signed an agreement relating to property sharing. He had been surprised to hear, at the time of Nisbet's death, that they had still been living together.

He was concerned about the tone of emails he received later from Nisbet family members, relating to the property, after Nisbet's death.

He checked on one that had been sent to him by Milner, but found that it was not the original email that she had sent - it had had sentences added.

Real estate agent Mark John Sutherland said he was engaged by Milner to sell the house in Halswell in 2010.

He had previously met the couple several times. They had wanted to move from the area for a lifestyle change.

The property was taken off the market, but when it was back on the market later, he said he got "an unusual phone call" from Nisbet's sister, Lee-Anne Cartier, who accused Milner of having murdered Nisbet and said she had no right to sell the house.

A series of quite abusive text messages from her followed, he said.


Wilhelmina Walsh, a medical receptionist, said she had known Milner for about 25 years.

She did not like Milner's husband, Nisbet, and did not socialise with him. She did not attend their wedding.

Milner had been upset about their separation, but the split had not been for long.

Walsh said she had visited Milner after Nisbet's death and found her quite upset.

She was there when Milner's son, Adam Francis Kearns, visited. She described his behaviour at times as nasty, horrible, and violent, and said he seemed to be concerned about what food he could take.

When she went to pick up Kearns at his address to take him to the funeral, she found him heating drugs on the stove.

He was unpleasant, verbally abusive, and accused her of helping his mother kill Nisbet.

Walsh said Milner was very sad but stoic at the funeral.

On a visit after that, she said Milner was having a discussion with her lawyer about the insurance.

Milner said it did not look as though she would get any money from it, because it was going to the estate and other family members.

Walsh said that Milner told her she loved her husband, and she never saw any sign of discord between the couple.

The Crown and defence will present their closing addresses tomorrow.

The Press