Today, Emma-Jayne Magson has again been found guilty of the murder of her abusive partner, James Knight, after a seven-week long retrial.
The legal team, and campaign group Justice for Women, are today disappointed at the verdict given by a majority jury of 10-2 after 13 hours of deliberation.
Ms Magson, who was 23, killed Mr Knight with a single stab wound to the heart following a night out in 2016. She was subsequently convicted of murder. However, the conviction was quashed and a retrial ordered after an appeal in December 2019 relying on fresh psychiatric evidence suggesting Ms Magson was suffering from an abnormality of mental functioning.
Ms Magson told the jury how bodybuilder Mr Knight, who according to a toxicology report was under the influence of a cocktail of steroids, cocaine, marijuana and alcohol, pinned her to a kitchen worksurface by her neck in an attempt to strangle her. She explained how she lashed out in self-defence with a steak knife that was in reach. CCTV evidence was shown of Mr Knight acting aggressively towards bouncers and by-standers outside a nightclub and having to be restrained by a male friend several times, just hours before the incident. Further CCTV footage showed Mr Knight suddenly and violently pushing Ms Magson to the ground as they walked back to her house shortly before the incident took place.
Despite this evidence of Mr Knight’s aggressive behaviour and the majority of the expert evidence that Ms Magson was suffering from a borderline personality disorder (or social communication disorder), the jury rejected the evidence put forward by defence counsel Clare Wade QC in support of self-defence and diminished responsibility.
This verdict comes just one week after the news that non-fatal strangulation is to become a stand-alone offence and two weeks after the launch of a research report on women who kill their abusive partners. Next week the domestic abuse bill with receive its third reading in parliament and Baroness Helena Kennedy will be tabling the Centre for Women’s Justice amendment to the extend the so called “householder defence” which allows the disproportionate use of force by homeowners against burglars yes fails to recognise that disproportionate force may arise in circumstances where women kill domestic abusers.
A spokesperson from Justice for Women said:
“Ms Magson told a number of lies following the homicide which may have influenced the jury decision notwithstanding evidence of violence by Knight.
We are very disappointed by the majority jury verdict which flies in the face of the evidence. This case illustrates many of the issues highlighted in our report on women who kill about a public lack of understanding of the dynamics of abusive relationships and the way in which women in abusive relationships tend to be perceived in the criminal justice system."
Both the current legal team and the campaign group Justice for Women will continue to support Ms Magson and will be advising her on an appeal.
Emma-Jayne Magson: a majority verdict that flies in the face of evidence