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An expatriate convicted of murdering her husband with a drugged milkshake and a blow to the head will ask a judge to dismiss a retrial against her.
Nancy Kissel was found guilty of husband Robert's murder in 2005 after the former investment banker's body was found wrapped in a rug in a basement storeroom near the expatriate couple's luxury Hong Kong flat.
However, a review by Hong Kong's Court of Final Appeal this February found that evidence used by prosecutors in the original trial was illegal and demanded a retrial.
Ms Kissel admitted to killing her husband but insisted she had acted in self defence after he attacked her with a baseball bat.
On the night of his death, in November 2003, Mr Kissel told his wife that he had filed for divorce and wanted custody of their children.
Ms Kissel said she became frightened of his temper after an argument erupted in the bedroom and she defended herself with a lead ornament.
Now the expatriate is due to apply for a permanent stay in proceedings as she argues that the publicity surrounding the court process will not allow her a fair trial. If she succeeds, the expat will be released immediately.
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