HONG KONG - AN AMERICAN woman who won a retrial over the killing of her banker husband in what was dubbed the 'milkshake murder' will ask a Hong Kong court on Monday to dismiss the charges and set her free.

Nancy Kissel was convicted of drugging Robert Kissel, a senior investment banker at Merrill Lynch, with a sedatives-laced strawberry milkshake before bludgeoning him to death in 2003 in one of Hong Kong's most infamous killings.

The mother-of-three was handed a life sentence in 2005 but the southern Chinese city's Court of Final Appeal overturned the conviction in February, citing legal errors at her first trial, and ordered a fresh hearing.

Kissel's legal team was expected to argue on Monday that intense media publicity surrounding the case would doom her chances of getting a fair hearing at a retrial scheduled for January. Kissel's barrister declined to comment on the hearing.

'We dont't want to create any more publicity in this case so I cannot discuss the details with you,' he told AFP.

If a High Court judge agrees with Kissel's argument, she could ultimately be set free, barring a successful appeal by prosecutors.

US woman to ask for freedom