Girl of eight to back mother in murder appeal

An eight-year-old girl is expected to tell the Court of Appeal today how her mother stabbed her abusive father to death after he threatened her with a hot iron.

The girl's evidence will support her mother's claim that she acted in self-defence or that she was provoked into using the knife.

Donna Tinker, 32, who was jailed for life in April 2000 after a jury found her guilty of murdering her husband Richard, is urging the Court of Appeal to find her conviction "unsafe".

The evidence provided by Tinker's daughter Natalie about what she saw on the day of the fatal stabbing at their home in Harrogate, North Yorkshire, is one of three grounds of appeal being considered by Lord Justice Kennedy, Mr Justice Sachs and Mrs Justice Hallett.

Tinker, who has three children, stabbed her husband with a vegetable knife in June 1999. She said that Richard held his arm around her neck and threatened her with a hot iron.

A single stab wound punctured a lung and he died in hospital a week later.

At her appeal Tinker's lawyers say there is now fresh material supporting her version of events relating to the iron, including evidence from Natalie.

The three judges have already watched a video in which Natalie describes what she saw.

She will give evidence via video link today when she will be cross-examined by counsel for the prosecution, Jeremy Richardson QC.

Ms Vera Baird QC, Tinker's counsel, told the court that "Natalie now says she saw the iron raised in the hands of Richard".

Tinker's defence of provocation was not accepted by the jury at her trial despite evidence of the injuries she had suffered an hour before the fatal stabbing – including a black eye, broken tooth and bruised jaw.

Her case has been taken up by Justice for Women and other pressure groups.

Her three daughters now live with their maternal grandparents, Alan and Margaret Hall, near Newcastle upon Tyne.

Ms Baird also argues that a direction given by the trial judge to the jury on the issue of lies was "defective" in such a way as to be enough on its own to render the conviction unsafe.