Man accused of killing Shani Warren 35 years ago 'showed no inclination to kill'
Donald Robertson denies false imprisonment, indecent assault and murder.
A convicted rapist accused of murdering a woman found drowned in a lake 35 years ago had not shown "any kind of inclination" to kill, a court has heard.
Serial offender Donald Robertson has an "awful" criminal record but that does not mean he is guilty of murdering Shani Warren or raping a 16-year-old girl in the 1980s, his defence lawyer said.
Robertson, 66, denies the false imprisonment, indecent assault and murder of Ms Warren in April 1987.
She was found bound and gagged in Taplow Lake, Buckinghamshire.
He also denies the kidnap and rape of a 16-year-old girl, who cannot be identified, on July 16 1981.
Robertson, who the jury at Reading Crown Court was told is currently serving a life sentence, did not give evidence during his trial and his defence lawyer called no witnesses.
His barrister, Michael Ivers QC, warned during his closing speech on Thursday that the jury they should not convict him on the basis of his other crimes.
The defendant has convictions for raping two girls aged 14 and 17 in separate incidents in August 1981 and June 1987 respectively.
He was also convicted of burglary with intent to commit rape and kidnap of a woman after an incident in April 1990.
But Mr Ivers said the history of rapes committed by Robertson do not give "any hint of attacking someone in a sense of either leaving them for dead or killing them".
He added: "In a way his convictions actually show that these do not fit the bill."
He told the jury Robertson has "not shown any kind of inclination" to kill, adding: "The missing problem with the scenario put forward (by the prosecution) is that it just doesn't follow that you would need to kill somebody."
He referred to evidence from a pathologist at the time of Ms Warren's death concluding it could have been suicide, despite the fact she was found bound and gagged.
Mr Ivers said there had been "a number of conversations about suicide" before her death, and recalled statements made by people who knew her that she had been "paranoid about Aids" and concerned she might have it.
He also said that if a third party was involved, the possibility of someone falling into the water after having been tied up and assaulted, could not be ruled out.
Mr Ivers said the prosecution case in relation to the death of Ms Warren "could have been made bluntly" against a lorry driver who has convictions for offences including kidnap, rape, robbery and attempted murder between 1982 and 1995.
He listed similarities in crimes committed by that man and the death of Ms Warren, including tying his victims and gagging them and, in the case of one woman, throwing her into a canal, saying to the jury: "You couldn't make it up."
The man, who was said to have been about 12 miles from Taplow Lake around the Easter period in 1987, was treated as a suspect during a police reinvestigation into Ms Warren's death, and a file passed to the Crown Prosecution Service, but he was not charged.
Mr Ivers told the jury that the "whole speech of my learned friend (the prosecutor) could have been made bluntly against him".
Mr Ivers said that while the facts in the case of the teenage rape victim are "stronger" in terms of similarity to Robertson's previous convictions, they "can't form the case".
He told the jury they "can use previous convictions to support a scenario" but "you cannot start out with the bad character".
He added: "It cannot become the thing."
Robertson's absence, leaving an empty dock throughout the trial, was described by Mr Ivers as "the elephant in the room".
But the lawyer said "it's not as simple" as the defendant being guilty merely by his absence.
He told them: "Is it (his absence) because, pushing into his late 60s and serving a life sentence, he thinks 'what does it matter?'"
The prosecution has said DNA evidence is the "cornerstone" of both cases against Robertson - with traces matching his found on the underwear of both victims as well as on a mouth gag used on Ms Warren.
The trial was adjourned until 10am on Monday, when the judge will finish summing up.