After failing to hear from her ex-husband days before Christmas, Denise McCarthy popped round to his Sydney unit and discovered his brutally bashed body.
Giving evidence at Narelle Fiona Smith's murder trial on Wednesday, Denise McCarthy said on December 20, 2020 she had dropped by her former husband's unit after repeated calls went unanswered.
"I'd been trying to ring him for almost three days and the phone kept saying this number is not available," she told the NSW Supreme Court.
"I thought, 'Well that's a bit weird'."
Armed with a spare key, Ms McCarthy went over to her ex-husband's apartment. After calling out his name with no response, she entered the unit to find the place a mess.
She told the jury she saw the 77-year-old lying on his back on the floor. His jeans had been partly pulled down and his legs were tied with what first appeared to be a skipping rope, she said.
She described the moment as "just dreadful", saying a stack of linen, T-shirts and other objects had been piled on top of his face.
"I saw that it was all full of blood," she said.
He had no pulse and his body was very cold, she added.
Broken furniture such as a lamp, chairs and coffee tables were strewn over the floor, the jury heard.
Smith, 47, has been accused of murdering Mr McCarthy with a frying pan after the pair left a neighbour's flat early on the afternoon of December 17.
She has denied the charge, pointing the finger at another woman who knew the lawyer and had access to his flat.
Ms McCarthy said a number of items, including gold cufflinks, were missing from her ex-husband's apartment.
She admitted her relationship with the 77-year old had become strained because of his drinking habit and "fondness for the ladies" but said they had still kept in touch, including to organise Christmas gatherings each year.
Prosecutors allege a man known by Smith used Mr McCarthy's ATM cards after the murder and that Smith herself used his Opal card to travel around Sydney.
Detective Sergeant Sharon Ciregna was a forensic investigator charged with examining the crime scene.
She testified on Wednesday that bloodstains and blood spatter had been found throughout the flat from the wooden front door to the heater, chairs, a curtain and a drawer within the home.
Drawers were missing from cabinets, cupboard doors were open and clumps of white hair were found at the crime scene, she said.
A damaged frying pan and two bloodied three kilogram dumbbells were found next to the victim's body which was partially covered by a blue tarpaulin, the jury heard.
"The handle had broken off and the actual fry pan itself was misshapen. It was dented and damaged," she said.
Mr McCarthy had bruises on his hands and one of his teeth had been knocked out, the police officer added.
Examining the area surrounding his apartment block, Sgt Ciregna said she retrieved a wet pair of denim jeans that "looked out of place" lying on the ground.
However, no leads came from this, she told the jury.
The trial with Justice Mark Ierace presiding continues.
