Man stabbed and killed by his partner was on bail for 'domestic incident', court told

A man stabbed and killed by his partner was on bail for a “domestic incident” at the time of his death, a jury heard today.

The Coleraine Crown Court jury also heard that just hours before Julie Ann McIlwaine killed her abusive partner James Crossley, she left a voice message on a detective’s phone saying she wanted to withdraw her statement because she couldn’t “face going back to court”.

Giving evidence on the second day of the trial of 33-year-old McIlwaine, Det Con Hunston from the PSNI Domestic Violence section told the jury that when she switched on her work phone on 2 March, there was a voice message from the defendant.

Prosecutor Richard Weir KC suggested the message was to the effect that McIlwaine “wanted to make a withdrawal statement about a domestic incident you were investigating from October 2021 between her and the deceased” and the officer agreed “yes”.

“She didn’t want to face gong back to court, at the moment they were not in contact and James was going to work with social workers and child contact,” the senior barrister further suggested and DC Hunston agreed again “yes”.

Defence barrister Eilish McDermott KC asked the officer during cross examination if it was common for complainants in domestic violence cases to withdraw their statements and the offer told her “its a mix - some do and some don’t”.

DC Hunston told Ms McDermott she would have met McIlwaine to ascertain why she wanted to make a withdrawal statement but the jury heard that by the time she got the voicemail, Mr Crossley was already dead.

McIlwaine, a mother of four from Hazel Close in the Lagmore area of west Belfast, is on trial accused of the murder of James Joseph Crossley on 2 March 2022.

Julie Ann McIlwaine admits inflicting the injuries that killed her partner but denies murder.

The 38-year-old victim sustained ten stab wounds at McIlwaine’s former home in Filbert Drive inn Dunmurry and while McIlwaine admits she inflicted the fatal wounds, she claims she was the victim of domestic abuse and violence and that Mr Crossley was forcing her to “choose between” him and her family.

The jury of five men and seven women heard how it was McIlwaine herself who rang 999 and then went next door to her neighbours house to summon help.

Police heard the 33-year-old telling her neighbours: “He’s torturing me, I have had enough, I waited until he was asleep and then stabbed him.”

That footage, taken from officers’ body worn cameras, was played to the jury today but on foot of a defence application, McIlwaine was allowed to leave the courtroom while it was played with trial judge Mr Justice Kinney emphasising to the jury to “concentrate on the evidence” and not to speculate why the defendant wished to absent herself for that portion of evidence.

The footage showed a clearly distressed McIlwaine in her neighbour’s living room, wearing pyjamas, holding her head in her hands and rocking back and forth while a female police officer repeatedly tells her “Julie Ann, look at me, look at me” and tries to help her hyperventilating and control her breathing.

“What have I done, what have I done?,” a weeping McIlwaine can be heard asking, “I just felt like I had no choice, I’m so sorry.”

A number of agreed statements were also read to the jury today including one from Michael Gallagher who lived next door to McIlwaine and who was the first to see the fatally injured Mr Crossley.

McIlwaine had been “banging” on his door seeking help and he recorded in his statement that he was reticent to go into her house because his brother had told him “James had been in prison for beating Julie Ann”.

“I was worried about her,” said Mr Gallagher in the statement, “I assumed that James had done something and she had defended herself but when I got in it didn’t look like that but I don’t know, I’m not an expert.”

The trial continues.

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