Accused murderer Rosemary Priscilla Mackie’s defence barrister has told a Supreme Court jury there is not enough evidence to convict his client.
Mackie, 54, has pleaded not guilty to the murder of Marnie-Lee Cave, 26, who died from strangulation, before her body was thrown off Handcocks Bridge at Mogareeka in October, 2015.
On Tuesday the jury in Bega was told by Mackie’s defence barrister Peter McGrath the Crown evidence of motive was “insufficient” to find her guilty of murder.
Mr McGrath said the Crown case is “exclusively and solely” what Mackie told an undercover operative, not trained or paid by police, in November 2015.
“That is the only evidence on which you can convict her,” he told the jury during his closing address.
He told the jury there was no CCTV footage of Mackie either walking or being driven to her former partner Bernard Webber’s Valley St home the day the Crown alleges the pair murdered Ms Cave.
“[There’s] no evidence whatsoever that she went to Mr Webber’s place after being seen in town. We can’t be satisfied she was there,” he said.
Mr McGrath said there was no evidence Mackie and Mr Webber were together until they met at his cleaning job at Capital Pathology in the late afternoon, after the Crown alleges Ms Cave was killed. He told the jury the Crown’s evidence only “fits in” to the case if Mackie’s guilt is assumed.
He said Webber wanted a “no strings attached physical relationship” with Ms Cave, telling police after her death he had “done bad things”, and his suicide was “consciousness of guilt”.
He described Mackie as “gullible” and discredited her interactions with the undercover operative.
“That man [the operative] could have said they [he and Webber] met on the first manned mission to Mars and she would have believed it,” he said.
Earlier, Crown prosecutor Kate Ratcliffe told the jury Mackie had admitted to “holding the deceased up” while Webber strangled Ms Cave, and her “jealous rage” was motive to assault and help Mr Webber kill Ms Cave.
Justice Megan Latham of the NSW Supreme Court is presiding over the case.