ABSTRACT
The evidence of Professor Cox as will have been seen was not as such evidence in regard to the character of Lowery and King but rather was evidence as to their respective intelligences and personalities ... Lowery and King were each asserting that the other was the completely dominating person at the time Rosalyn Nolte was killed: each claimed to have been in fear of the other. In these circumstances it was most relevant for King to be able to show, if he could, that Lowery had a personality marked by aggressiveness whereas he, King, had a personality which suggested that he would be led and dominated by someone who was dominant and aggressive. In support of King’s case the evidence of Professor Cox was relevant if it tended to show that the version of the facts put forward by King was more probable than that put forward by Lowery. Not only however was the evidence which King called relevant to this case: its admissibility was placed beyond doubt by the whole substance of Lowery’s case. Not only did Lowery assert that the killing was done by King and not only did he say that he had been in fear of King but, as previously mentioned, he set himself up as one who had no motive whatsoever in killing the girl and as one who would have been likely to wreck his good prospects and furthermore as one who would not have been interested in the sort of behaviour manifested by the killer. While ascribing the sole responsibility to King he was also in effect saying that he himself was not the sort of man to have committed the offence. The only question now arising is whether in the special circumstances above referred to it was open to King in defending himself to call Professor Cox to give the evidence that he gave. The evidence was relevant to and necessary for his case which involved negativing what Lowery had said and put forward: in their Lordships’ view in agreement with that of the Court of Criminal Appeal the evidence was admissible. For these reasons their Lordships have humbly advised Her Majesty that the appeal should be dismissed.7
