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EastEnders' Gemma McCluskie was 'volatile and abusive' to brother Brother has 'no recollection' of killing EastEnders' Gemma McCluskie
(about 3 hours later)
Former EastEnders actress Gemma McCluskie had been "volatile and abusive" towards her brother for months, the Old Bailey has heard. The brother of former EastEnders actress Gemma McCluskie has "no recollection" of killing or dismembering her, the Old Bailey heard.
Tony McCluskie, 35, of Shoreditch, east London, denies murdering the 29-year-old and dumping her body parts. But he admits manslaughter in March 2012.Tony McCluskie, 35, of Shoreditch, east London, denies murdering the 29-year-old and dumping her body parts. But he admits manslaughter in March 2012.
His barrister, Jeremy Dein QC, said the victim's behaviour had triggered the defendant to threaten her with a knife. He told the court the actress had threatened him with a knife on March 1 after he left a tap in the bathroom on.
Her torso was found in Regent's Canal in March, days after she went missing. The next thing he remembers is waking up two days later, the jury heard.
The actress's limbs were found over the ensuing months before her head was found six months after her torso was found in a suitcase. Miss McCluskie's torso was found in Regent's Canal, days after she went missing.
The defendant, who will give evidence later, claims he cannot recall the killing or dismembering her body. His legal team will raise the defences of lack of intent and loss of control. Her limbs were found over the ensuing months before her head was found six months after her torso was found in a suitcase.
'Anxious and oppressed' Mr McCluskie's barrister Jeremy Dein QC, said the window cleaner's legal team will raise the defences of lack of intent and loss of control.
Opening the defence case, Mr Dein said: "Albeit that Mr McCluskie will say that he cannot recall what happened, he will maintain that he did not intend or, given that he cannot recall what he actually did, cannot have intended either to kill Gemma McCluskie or to cause her at least really serious bodily harm." 'Very angry'
Explaining the background for claiming lack of control, the barrister said: "In this case then, the background of months of Gemma behaving frequently, not always, Mr McCluskie will say, in a volatile and abusive way towards the defendant, that trigger, according to the evidence he will give, was the production of a knife and the making of threats on 1 March." During the row over the running tap the victim came at the defendant with a knife, swearing at him and demanding he moved out of their mother's flat, the jury heard.
He said the defendant, who had a history of using Class B drugs, was becoming "increasingly worn down" and worried with concerns about losing his job and his "gravely ill" mother. He said: "She started screaming and shouting at me, again calling me all the names.
Mr McCluskie had also been separated from his long-term partner in early 2012. All this led him to feel "more anxious and oppressed". "She came up the stairs, she was shouting, 'are you gonna go, are you gonna go, are you gonna go?'
Adding to that, the defendant's sister was a different person who used "bad language and was critical of him". "I turned round and she was standing there with a knife in her hand."
Mr Dein said: "Over a significant period of time behind these closed doors she was frequently abusive and offensive towards him, that she put him down and made him feel humiliated." The victim threatened to stab him, his partner and have his partner's son taken into care, jurors heard.
On the day of the fatal attack, the lawyer said the defendant "recalls Gemma taking up a knife and issuing threats". The defendant said: "I got very angry, I just couldn't believe what I was hearing.
He remembers grabbing the victim's wrists but after that his mind went "blank", the court heard. "All I remember is just grabbing her wrists. After that I have no recollection."
Mr McCluskie, who has a history of using class B drugs and had smoked cannabis on the day of the argument, said the next thing he remembers is waking up two days later.
Denying he intended to hurt her he said: "I would not inflict any serious injury on anybody, let alone members of my family, my sister.
"I have tried countless times, even now I lie there all night and sit there all day trying to work out what happened, have the answers to every question that everyone has for me," he added.
'Shocking swearing'
He said he "took responsibility" for what he did, adding: "It was never my intention to cause her any serious harm, let alone cause her death".
In the days preceding the incident Mr McCluskie said his mind was "all over the place" after breaking up with his partner and with his mother undergoing treatment for brain tumour.
He said his sister was "sometimes nice" but at other times "nasty".
He added: "There would be nastiness coming out, hostile, threats, shouting and name-calling, I would say about my appearance, the way I looked.
"The swear words that used to come out of her mouth, some of the stuff that I used to hear her say, it even shocked me, being a man".
The defendant said he would "feel really bad" when she said he did not care for their mother.
Miss McCluskie played Kerry Skinner, the niece of Ethel Skinner, in the BBC soap in 2001.Miss McCluskie played Kerry Skinner, the niece of Ethel Skinner, in the BBC soap in 2001.
The trial continues.The trial continues.