A pathologist has testified that it is 'inconceivable' that the fatal stab wound suffered by David Berman was not homicidal, during the murder trial of his wife, Daryl Berman. The 71-year-old defendant is accused of murdering her 84-year-old husband at their home on Butterstile Lane in Prestwich, Bury, in March last year.
Prosecution Case
Mrs Berman has pleaded not guilty and is currently on trial at Minshull Street Crown Court. Prosecutors allege that she deliberately stabbed her husband in the chest 'for a reason known only to her'. She told police that his injuries and death were 'accidental', claiming he fell over in the kitchen and landed on a 'little paring knife' she had used for her lunch.
However, a doctor at the hospital treating Mr Berman became 'troubled' by the chest injury and referred the case to a pathologist, who determined it was more likely a homicide. Forensic pathologist Dr Philip Lumb, giving evidence for the prosecution on Tuesday, June 16, said he was one of three pathologists instructed to consider the case.
Details of the Injury
Dr Lumb described the fatal injury to the right side of the chest, at the front of the armpit, measuring up to 12cm deep in a horizontal direction from right to left. He confirmed that the force required would have been 'severe' and that all three pathologists had ruled out suicide as an explanation.
'An accidental fatal injury is rare,' he said. 'In order to produce a fatal accidental stab wound, the implement has to be fixed. The individual has to impale themselves. Because if you came into contact with it, at that point it would tend to brush away. For a fatal injury, it has to be fixed.'
When asked by prosecutor Michael Brady KC about the possibility of a homicidal injury, Dr Lumb stated: 'This was a single stab wound, in and out of the injury. In my opinion, in this stab wound, it's very unlikely to have been caused by accident, it’s likely to be homicidal due to the injury to the chest, and the injury to the right middle finger.'
Defensive Injury
The court heard there was a stab wound to Mr Berman's outer right middle finger, approximately 0.7cm long and 1.6cm deep. Dr Lumb explained this was a 'defensive injury' and ruled out that it could have been caused by a shard from a broken plate, as the plate was 'too thick and too wide' and there were no residual shards within the wound.
Asked if he thought the injuries could be accidental, he said: 'It’s very unlikely. Plainly, putting the two injuries together, I thought it was inconceivable that they were anything other than a homicide.'
In cross-examination by Michael Hayton KC, representing Mrs Berman, Dr Lumb confirmed his position but added it was 'not impossible' for the chest wound to be accidental. He also said the finger injury was 'very likely to be homicidal' but not impossible to be accidental. 'But together, I find it was inconceivable to be an accident,' he concluded.
Defence Pathologist's View
Giving evidence for the defence, forensic pathologist Dr Richard Shepherd, who worked on the investigation into the death of Princess Diana and the murder of Stephen Lawrence, said he found the chest wound 'unusual' and 'could not exclude accident or homicide'. He noted that 'stab wounds are seldom to the side of the chest' and disagreed with Dr Lumb regarding the finger injury being defensive, stating he was 'certain' it was accidental.
'Unless it is associated with multiple stab wounds, single stab wounds are around the front of the chest. Parts of the body are covered, I call them protected areas, where they are shielded by another part of the body. This area [the location of the chest injury] will have been hidden from injuries coming from the right hand side,' he told the court.
He added that the finger injury would have been 'really difficult to achieve' as a defensive wound, since a person under attack would likely hold up their hand to defend themselves or grab the knife, causing injury to the palm or front/back of the hand. 'That is not the case here, the injury is to the side of the finger,' he concluded.
Alternative Scenarios
Regarding the theory of deliberate attack, Dr Shepherd said it would have been difficult to carry out from behind if Mr Berman was carrying a lunch tray due to the injury location. He also noted that if Mrs Berman, who is 5ft 2in, stabbed Mr Berman, who was 5ft 10in, it would likely be inflicted with 'less force' due to their height difference.
Dr Shepherd considered a possible accidental scenario: Mr Berman could have fallen to the floor while carrying the tray and knife, picked up the knife in his right hand, and then fallen again as he tried to get up. When asked about Dr Lumb's opinion that the injuries were inconceivably accidental, Dr Shepherd said: 'The wound to the finger cannot be used to bolster or support that the stab wound to the chest is homicidal. I find it is the wrong place for the finger injury to be defensive.'
In cross-examination, Mr Brady KC asked: 'If he falls and drops the tray, would he not drop the knife as well?' Dr Shepherd replied: 'It’s a possibility. The whole situation is unusual and difficult from my point of view. Accidental fatal stab wounds are rare.'
Mrs Berman, of Butterstile Lane, Prestwich, denies murder. The trial continues.
