Yes when I was on a jury in this court that was the layout. We were on the side at the front by the judge and we had a clear unimpeded view of the defendant who was sitting towards the back of the room in front of the public gallery.Lucy it is similar to this
GUILTY NEW ZEALAND - Grace Millane, 22, British backpacker, Auckland, 1 Dec 2018 #3
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Kikixxxx
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where is the accused sit? is it number 8? does that mean he has his back to the public gallery? im sure i read grace's dad looked directly at him though on a few occasions.Thank you @legal.beagle . I've seen that image, I'll go and have another look so that I can see who's who
LucyRocket
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Who is number 5?
jamjim
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PART TWO - THE EVIDENCE
10.30
Justice Moore reminded the jury of the plethora of evidence they have heard over the last two three weeks.
He said all evidence - whether read or in an agreed statement of fact or given in person - must be taken into account equally.
Exhibits - photos, screen shots, CCTV footage - all formed parts of the evidence available to the jury in their deliberations.
He said all evidence should be treated the same regardless of the method in which it was given.
He said the closing addresses were not part of the evidence.
They were submissions supporting the cases and parties the Crown and defence represented but were persuasive addresses rather than hard evidence.
...
Grace Millane murder trial: What the judge told the jury
10.30
Justice Moore reminded the jury of the plethora of evidence they have heard over the last two three weeks.
He said all evidence - whether read or in an agreed statement of fact or given in person - must be taken into account equally.
Exhibits - photos, screen shots, CCTV footage - all formed parts of the evidence available to the jury in their deliberations.
He said all evidence should be treated the same regardless of the method in which it was given.
He said the closing addresses were not part of the evidence.
They were submissions supporting the cases and parties the Crown and defence represented but were persuasive addresses rather than hard evidence.
...
Grace Millane murder trial: What the judge told the jury
jamjim
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Justice Moore revisited the process of witnesses giving evidence and being cross examined.
"You need to consider the evidence overall," he said,reminding jurors that they had access to a full written transcript of the trial.
"I ask you not to be a slave to the transcript," he said.
He touched on credibility and reliability of witnesses.
"It's important to distinguish between credibility and reliability - credibility is all about truthfulness, whether you believe a witness.
"Reliability is about accuracy.
"Even the most honest witness can make mistakes… but a witness who sets out to give false evidence is in an entirely different position.
"It is for you, and you alone, to decide who you believe and who you do not.
"You may if you choose, accept everything a witness has said, or you may reject… it's important that before you rely on it you are sure that it was honestly given and you can rely on it."
Grace Millane murder trial: What the judge told the jury
"You need to consider the evidence overall," he said,reminding jurors that they had access to a full written transcript of the trial.
"I ask you not to be a slave to the transcript," he said.
He touched on credibility and reliability of witnesses.
"It's important to distinguish between credibility and reliability - credibility is all about truthfulness, whether you believe a witness.
"Reliability is about accuracy.
"Even the most honest witness can make mistakes… but a witness who sets out to give false evidence is in an entirely different position.
"It is for you, and you alone, to decide who you believe and who you do not.
"You may if you choose, accept everything a witness has said, or you may reject… it's important that before you rely on it you are sure that it was honestly given and you can rely on it."
Grace Millane murder trial: What the judge told the jury
LucyRocket
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1. Judge – The person in charge of the court. There are two kinds of criminal court trials: judge-alone and jury. In a judge-alone trial, a judge decides if the defendant is guilty.
2. Registrar – The person who makes sure court processes are followed and helps a judge.
3. Jury – There are two kinds of criminal court trials: judge-alone and jury. In a jury trial, the 12-member jury decides if the defendant is guilty.
4. Prosecutor – The lawyer or police officer who is trying to prove the defendant is guilty.
5. Media – The journalists who report on the case.
6. Defence lawyer – The defendant's lawyer.
7. Defendant – The person charged with an offence.
8. Prisoner’s escort – The person who escorts the defendant at court.
9. Public gallery – Seating for members of the public, including the victim's and defendant's families and whānau. Victims and witnesses can also sit here after they have given evidence.
10. Court victim advisor – A court staff member who helps the victim understand the court process.
11. Witness’ support person – A person who the judge has agreed can support a witness in court.
12. Witness – A person who gives evidence in court on what happened or what they know about the case.
2. Registrar – The person who makes sure court processes are followed and helps a judge.
3. Jury – There are two kinds of criminal court trials: judge-alone and jury. In a jury trial, the 12-member jury decides if the defendant is guilty.
4. Prosecutor – The lawyer or police officer who is trying to prove the defendant is guilty.
5. Media – The journalists who report on the case.
6. Defence lawyer – The defendant's lawyer.
7. Defendant – The person charged with an offence.
8. Prisoner’s escort – The person who escorts the defendant at court.
9. Public gallery – Seating for members of the public, including the victim's and defendant's families and whānau. Victims and witnesses can also sit here after they have given evidence.
10. Court victim advisor – A court staff member who helps the victim understand the court process.
11. Witness’ support person – A person who the judge has agreed can support a witness in court.
12. Witness – A person who gives evidence in court on what happened or what they know about the case.
jamjim
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10:33 - Justice Moore says all evidence must be treated the same - regardless of whether it is presented as a statement from a person, a person sitting in the witness box, or an exhibit.
Submissions by lawyers are not evidence. They are examples of persuasion by the lawyers to get the jury on their side.
Justice Moore also says any suggestions or propositions given to witnesses by lawyers cannot be treated as evidence unless accepted by the witness.
Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin
Submissions by lawyers are not evidence. They are examples of persuasion by the lawyers to get the jury on their side.
Justice Moore also says any suggestions or propositions given to witnesses by lawyers cannot be treated as evidence unless accepted by the witness.
Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin
I don’t know this for sure! It’s how I remember it. It makes sense though IMO - both so that the info is fresh in their minds and to avoid them being influenced by friends and family members over the weekend.
jamjim
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10.40am
Justice Moore said it was vital for the jury to remember that the accused not giving evidence should not be taken as a sign of guilt or innocence.
The onus was not on him to prove his case.
He had a right to silence, but also a right to call evidence.
"That is a right which our law jealously protects," said Justice Moore.
He spoke to the jury about the accused making four statements to the police.
"The law does not require any person to make any statement to police," said Justice Moore.
"(The accused) account and the explanation he gave is to be treated as evidence just like all the other evidence… what weight you place on what he told police is a matter for you and what you take from his statements is also a matter for you.
Grace Millane murder trial: What the judge told the jury
...
Justice Moore said it was vital for the jury to remember that the accused not giving evidence should not be taken as a sign of guilt or innocence.
The onus was not on him to prove his case.
He had a right to silence, but also a right to call evidence.
"That is a right which our law jealously protects," said Justice Moore.
He spoke to the jury about the accused making four statements to the police.
"The law does not require any person to make any statement to police," said Justice Moore.
"(The accused) account and the explanation he gave is to be treated as evidence just like all the other evidence… what weight you place on what he told police is a matter for you and what you take from his statements is also a matter for you.
Grace Millane murder trial: What the judge told the jury
...
jamjim
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"You can accept all of it, some of it or none of it.
"You can view it as favourable, or you can view it as unfavourable."
Justice Moore said it was "plain" that aspects of what the accused told police was lied.
"That's accepted," he told the jury.
He said the initial part of what the accused told the police about his date with Millane was truthful.
They met at SkyCity, visited bars and then parted ways for the night.
Justice Moore said all of his statements about when he last Millane was "untruthful".
"He lied to the interviewing officers," he said.
"He admitted that.
"The defendant's case it that the interview he gave on the 8th of December contains the truthful version which you should accept."
In that interview the accused admitted Millane died in his apartment and he disposed of her body.
Justice Moore said defendants may lie for reasons other than being guilty.
"They may panic," he said.
He said the accused apologised to police for his fibs, saying he was "in shock".
It was for the jury to decide whether that was true or whether, as the Crown submitted the lies pointed directly to his guilt.
"Please keep all of this in perspective," said Justice Moore.
"The fact the accused lied is simply one piece of evidence… be careful before placing weight on it… it is just one piece of evidence available to you."
Grace Millane murder trial: What the judge told the jury
"You can view it as favourable, or you can view it as unfavourable."
Justice Moore said it was "plain" that aspects of what the accused told police was lied.
"That's accepted," he told the jury.
He said the initial part of what the accused told the police about his date with Millane was truthful.
They met at SkyCity, visited bars and then parted ways for the night.
Justice Moore said all of his statements about when he last Millane was "untruthful".
"He lied to the interviewing officers," he said.
"He admitted that.
"The defendant's case it that the interview he gave on the 8th of December contains the truthful version which you should accept."
In that interview the accused admitted Millane died in his apartment and he disposed of her body.
Justice Moore said defendants may lie for reasons other than being guilty.
"They may panic," he said.
He said the accused apologised to police for his fibs, saying he was "in shock".
It was for the jury to decide whether that was true or whether, as the Crown submitted the lies pointed directly to his guilt.
"Please keep all of this in perspective," said Justice Moore.
"The fact the accused lied is simply one piece of evidence… be careful before placing weight on it… it is just one piece of evidence available to you."
Grace Millane murder trial: What the judge told the jury
LucyRocket
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jamjim
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10:43 - Justice Moore says the accused has no obligation to enter the witness box and the fact he did not does not add to a case against him.
"He does not have to prove his innocence," he tells the jury.
Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin
"He does not have to prove his innocence," he tells the jury.
Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin
jamjim
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10.50am
Justice Moore also discussed circumstantial evidence.
He said the Crown had to prove that at the time the accused applied pressure to Millane's neck he had "a murderous intent".
The Crown had to prove that via reasoning by inference - a conclusion drawn by established facts.
"An inference is not a guess instead it is a logical conclusion deduced by facts,' said Justice Moore.
"You must not go beyond the evidence you find truthful or reliable."
He said if there was any doubt regarding circumstantial evidence the jury should give the accused the "benefit of the doubt".
Grace Millane murder trial: What the judge told the jury
...
Justice Moore also discussed circumstantial evidence.
He said the Crown had to prove that at the time the accused applied pressure to Millane's neck he had "a murderous intent".
The Crown had to prove that via reasoning by inference - a conclusion drawn by established facts.
"An inference is not a guess instead it is a logical conclusion deduced by facts,' said Justice Moore.
"You must not go beyond the evidence you find truthful or reliable."
He said if there was any doubt regarding circumstantial evidence the jury should give the accused the "benefit of the doubt".
Grace Millane murder trial: What the judge told the jury
...
jamjim
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"Whatever you do - do not speculate," he said.
He said the evidence would have a number of strands and all had to line up for the evidence to point to guilt.
"However if none of the strands either collectively or individually… then the relevant element is not proved."
Justice Moore said one inference was that Millane was dead before the accused took intimate photos of her and searched on Google for the Waitakere Ranges and 'hottest fire'.
"There is no direct evidence… but what the Crown says is that when you examine the other evidence, she must have been," he said.
"The Crown says if she was alive… the accused was planning her death."
The defence rejected the Crown position saying Millane and the accused took mutual intimate photographs of each other.
Defence lawyer Ian Brookie said there was "no expert evidence" Millane was dead when the photos were taken and searches were made.
He said the Google searches could be indicative of searches Millane and the accused undertook to plan an outing for her birthday the day after she met.
Brookie said the search for "hottest fire" could mean "anything".
"That evidence is the example of a sort if strand… it is a question for you as to whether it is strong enough on it's own… to support the Crown.
"That is a matter for you, having regard to all of the evidence, because these things cannot be viewed in isolation."
Grace Millane murder trial: What the judge told the jury
He said the evidence would have a number of strands and all had to line up for the evidence to point to guilt.
"However if none of the strands either collectively or individually… then the relevant element is not proved."
Justice Moore said one inference was that Millane was dead before the accused took intimate photos of her and searched on Google for the Waitakere Ranges and 'hottest fire'.
"There is no direct evidence… but what the Crown says is that when you examine the other evidence, she must have been," he said.
"The Crown says if she was alive… the accused was planning her death."
The defence rejected the Crown position saying Millane and the accused took mutual intimate photographs of each other.
Defence lawyer Ian Brookie said there was "no expert evidence" Millane was dead when the photos were taken and searches were made.
He said the Google searches could be indicative of searches Millane and the accused undertook to plan an outing for her birthday the day after she met.
Brookie said the search for "hottest fire" could mean "anything".
"That evidence is the example of a sort if strand… it is a question for you as to whether it is strong enough on it's own… to support the Crown.
"That is a matter for you, having regard to all of the evidence, because these things cannot be viewed in isolation."
Grace Millane murder trial: What the judge told the jury
Wow is it just me or does it feel like he is undermining a lot of what the crown has said? I know the burden of proof is on the crown but it seems like he’s explicity picking holes in their case?
jamjim
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11.00am
Justice Moore said the Crown said women who gave evidence about their sexual encounters with the accused proved that he undertook violent sexual activity without consent.
That spoke to his murderous intent, they said.
But the defence challenged the evidence of the women.
They said one embellished her experience because she was embarrassed at pursuing a relationship with the accused.
"You need to consider that evidence… you need to remember what you took of her evidence at the time," said Justice Moore.
"And there's no one in this courtroom better equipped than you."
"It's very much a matter for you to decide… whether you accept (the woman's) evidence.
"She was in the witness box a long time… if you do not accept her account it will be irrelevant and you should put it to one side.
Grace Millane murder trial: What the judge told the jury
...
Justice Moore said the Crown said women who gave evidence about their sexual encounters with the accused proved that he undertook violent sexual activity without consent.
That spoke to his murderous intent, they said.
But the defence challenged the evidence of the women.
They said one embellished her experience because she was embarrassed at pursuing a relationship with the accused.
"You need to consider that evidence… you need to remember what you took of her evidence at the time," said Justice Moore.
"And there's no one in this courtroom better equipped than you."
"It's very much a matter for you to decide… whether you accept (the woman's) evidence.
"She was in the witness box a long time… if you do not accept her account it will be irrelevant and you should put it to one side.
Grace Millane murder trial: What the judge told the jury
...
jamjim
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"If you do accept her evidence… you may find it supports the argument that (the sexual activity) led to Miss Millane's death."
Justice Moore said the Crown believed that evidence to be "powerful strand" of evidence - but the defence utterly refuted it.
It was up to the jury to make a decision on whether the evidence helped the Crown prove the charge of murder.
Grace Millane murder trial: What the judge told the jury
Justice Moore said the Crown believed that evidence to be "powerful strand" of evidence - but the defence utterly refuted it.
It was up to the jury to make a decision on whether the evidence helped the Crown prove the charge of murder.
Grace Millane murder trial: What the judge told the jury