A woman on trial for murder has been accused of putting on “an act” to police in an effort to cover her tracks.
Elizabeth Sweeney, 36, denies murdering Neil Jolly by assaulting him and repeatedly striking him to the head and body with a kettle.
Sweeney – a crack and heroin addict at the time – was acquitted on Friday of the allegation that she attempted to conceal the murder by cleaning the body of the 49-year-old in the bathroom at his flat in Aberdeen’s Marischal Court before covering his body with a duvet.
She was additionally acquitted of attempting to destroy evidence by cleaning the kettle and of assaulting Mr Jolly between June 1 and June 26 2023.
Sweeney has lodged a special defence of self-defence.
She claims that in the early hours of June 25 2023 she awoke to find Mr Jolly raping her.
Sweeney told police Mr Jolly was ‘in the bathroom’
As the trial entered its eighth day, Sweeney continued to give evidence in her own defence, where she continued to be pressed by advocate depute Erin Campbell about what she had told police after she’d called them concerned about Mr Jolly’s welfare on June 26 2023.
The advocate depute played Sweeney a section of police body camera footage from that night where she told them she believed Mr Jolly to be badly hurt and begged them to check on him, telling them he was “in the bathroom”.
At the same time as Sweeney is seen on the footage pleading with police to check on Mr Jolly, her friend Ian Gray is also speaking to another officer, stating that Sweeney had told him she had “murdered somebody”.
When officers arrived at Mr Jolly’s address they found him dead on his bathroom floor.
“This that we’re watching on the footage, it’s all an act, isn’t it?” Ms Campbell asked Sweeney as she stopped the video.
“No, it’s not an act. I’m not a murderer,” Sweeney replied.
“Your behaviour here just doesn’t add up with the other evidence, does it?” the advocate depute said, adding: “Because the truth is you killed Neil Jolly three days before.”
“No, I didn’t kill him,” Sweeney said.
Advocate depute claims Sweeney assaulted Mr Jolly and left him in flat
Ms Campbell continued her questioning of Sweeney: “You repeatedly struck him on the head and body, and you continued to do that as he tried to defend himself…”
“No, I tried to defend myself,” Sweeney tried to interject.
“As he lay in the floor, he made his way into the hall and you kicked him in the head and he lost consciousness, didn’t he?” Ms Campbell demanded.
“No,” Sweeney replied.
“You left that house, and you didn’t get him any help, that’s right, isn’t it?” the advocate depute asked.
“No, it’s not right,” Sweeney said.
“And you later moved him to the bathroom and put a duvet over him and shut the door behind him?” Ms Campbell asked Sweeney.
“No, that’s not right,” she stated again, adding: “I’m not a murderer.”
“You continued to use his keys to get access in and out of Marischal Court, that’s right, isn’t it?” the advocate depute went on, adding: “And that’s why you knew exactly where he would be when you spoke to the police.”
“No,” Sweeney replied.
Victim had previous convictions
Defence advocate from Sweeney, Ian Duguid KC, also called Detective Sergeant Paul Ormond-Smith to give evidence about Mr Jolly’s previous criminal record and a subsequent spell in prison.
It was revealed that Mr Jolly had 17 offences from 2022 that were related to bail breaches, breaches of a non-harassment order, all with a domestic aggravation.
It was also discovered that all charges related to one woman, a former partner of Mr Jolly’s.
Due to the number and frequency of the breaches, Mr Jolly was handed a four-month and 51-day prison sentence at Aberdeen Sheriff Court on June 13 2022.
However, during cross-examination by the advocate depute it was stated by DS Ormond-Smith that the woman “consented” to Mr Jolly being in her company on the majority of the 17 occasions.
The trial, before Judge Andrew Miller, continues.
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