Found Deceased NEW ZEALAND - Grace Millane, 22, British backpacker, Auckland, 1 Dec 2018 *Arrest* #2

[LucyRocket]

Defence lawyer Ron Mansfield has begun his opening address to the jury. He says they shouldn't be worried about what is normal, but only what is unlawful. Mansfield says the jury's view of what is the political, social or moral norm shouldn't distract them from determining whether there "has been a criminal wrong".Grace Millane murder trial: Live updates as Defence opens case, calls witnesses

 

[jamjim]

"10:26am - Mansfield says with sex, there is no normal. He says "within the confines of consent", people should be free to be who they are. Witnesses who gave evidence last week highlighted diverse sexual preferences in our community, Mansfield tells the jury."

Grace Millane murder trial: Live updates as Defence opens case, calls witnesses

 

[jamjim]

"Blame and shame" is prevalent in today's society, defence lawyer Ron Mansfield tells the jury in his opening address.

He tells the jury it guides us in the way we live our lives, to keep us within the definition of what is "normal", a definition which is subjective, he says.

But if anything, the younger generation does not adhere to this “pressure on us to appear normal”, and they can teach us about their refusal to accept these old concepts, Mansfield says.

Especially so, they are much more prepared to experiment with their sexuality within the confines of consent, he says.

"We all have different views on religion, politics, social standing and morals, this is what makes us diverse as a country," he continues.

"In this trial, if we are not careful, our own views will distract from the focus you need to keep steadfast too - whether there has been a criminal wrong," he tells the jury.

"Within the confines of consent, people should be free to be who they are and to be intimate with each other how they choose to be," he said.

“Whether you like it, or whether you condone it - is irrelevant.”

“We are so caught up in the concept of being normal so we are not blamed or shamed, we let our behaviour be influenced by that because of a fear of the impact that would have on our, or someone we love's, reputation.

He says this is especially the case in matters concerning the bedroom.

Grace Millane murder trial: Accused won't take the witness stand in defence case

 

[jamjim]

Throughout the defence's opening address, the accused could be seen crying, blowing his nose and holding his head in his hands.

Grace Millane murder trial: Accused won't take the witness stand in defence case

 

[Mariposa]

Throughout the defence's opening address, the accused could be seen crying, blowing his nose and holding his head in his hands.

source; Grace Millane murder trial: Accused won't take the witness stand in defence case

 

[jamjim]

Throughout the defence's opening address, the accused could be seen crying, blowing his nose and holding his head in his hands.

Grace Millane murder trial: Accused won't take the witness stand in defence case

Boo hoo

 

[Mariposa]

jamjim:

Jinx!!

 

[jamjim]

"Mansfield said whether the jury or others condoned certain sexual practices was irrelevant.

The accused, Mansfield continued, was "playing out his life through Tinder" where he would misrepresent his position or career which he had a tendency to continue after he met women.

"He was so insecure as to think that portraying himself in that way that women were more likely to meet up with him and engage in a relationship," Mansfield said.

He told the court this could be a "reflection of the Instagram age" where people present themselves in the best possible way even if it is a fabrication.

"In this trial, like it or not, we have no choice but to confront what happened in [the accused's] bedroom at the CityLife that night. Because that is where we know Ms Millane died. And we are here to investigate how Ms Millane died."

Grace Millane murder trial: Accused won't take the stand in his own defence

 

[jamjim]

"10:36am - The defence lawyer tells the jury the Crown alleges Millane's death was the "result of some assault for which we have absolutely no motive". He also discusses other evidence from the previous weeks and argues that there was no "environmental" or medical evidence that establishes a "violent assault" occurred in the CityLife hotel room.

On "fabrications" the accused may have made in conversations with other women, Mansfield says in an "Instagram age", people try to portray themselves in the best possible light."

Grace Millane murder trial: Live updates as Defence opens case, calls witnesses

 

[jamjim]

At the time of Grace's death the accused was 26 years old, single, living out his life on dating app Tinder, defence lawyer Ron Mansfield tells the jury.

"We are here to investigate why Grace died."

There is no evidence of motive, no reason for a violent assault, no evidence to support what the Crown has said happened, Mansfield says.

"The Crown doesn't have to prove a motive, but they have to prove the intention for murder," he says.

"There is an absence of a motive - where the accused would lose it to the point he assaulted her and she died."

No neighbours heard a disturbance and the scene itself, while there was blood found, was entirely consistent with what the accused told police, Mansfield said.

Beyond that, and the clean up by the accused which took place in the apartment afterwards, there is no environmental or forensic evidence suggesting violent assault in that room, he said.

"It doesn't stand him in good stead, what he did afterwards," Mansfield continues.

"In a court of morals you would say if something happened like that he should have called the authorities."

"As reprehensible as you may find some of his conduct ... while it is not consistent with the right thing, it is consistent with panicking.

"He sought to avoid being accused by wrongdoing because of fear he would not be believed."

https://www.stuff.co.nz/national/crime/117069680/grace-millane-murder-trial-latest-updates

 

[jamjim]

10:55am - The jury is told that the evidence they will hear about Millane's sexual preferences isn't meant to lower her reputation.

"No one is trying to shame Ms Millane or her family, and no one is trying to blame Ms Millane or her family, and I am certainly not suggesting that she is not normal," he says.

He says the preferences of both people in the CityLife hotel room must be examined, not just the accused.

Grace Millane murder trial: Live updates as Defence opens case, calls witnesses

 

[jamjim]

The defence continues its opening address.

The accused has described a possible mechanism, rare or not, which can result in the death of a person occurring in a consensual act between two partners, defence lawyer Ron Mansfield says.

"No-one is trying to blame Grace for her actions, and I am certainly not saying her actions are not normal," he said.

"She was a loving, bright, engaging, intelligent and well-liked young woman - that is her reputation as it should be - and her memory. Both at the start of the trial and at the conclusion of it."

Mansfield said the fact the defence team will need to discuss what she liked to do "in the bedroom" has nothing to do with her reputation.

"If anyone suggest that it does, it says more about them that is does of Grace," he tells the jury.

Sexual activity is usually tied up with reputation, he says.

"I want to be 100 per cent clear there is no blame attributed to Grace, and there should be no shame."

"Like we have examined the accused, we need to examine Grace too. We can't examine what happened if we only know one part of the equation."

Grace Millane murder trial: Accused won't take the witness stand in defence case

 

[jamjim]

Defence lawyer Ron Mansfield concludes his opening address by telling the jury the trial is only interested in “legal blame”.

That is whether a crime has been committed with knowledge and intention, he said.

"It's not the time for embarrassment or immaturity, it's time to acknowledge that we are all different and we are entitled to be normal and those differences will be examined.”

The only way the jury can reach that conclusion fairly, he says, is to examine honestly and openly what took place on the night Grace died.

"No-one has received all of the evidence of this case - except for you [the jury]," he tells them.

"Death, by this mechanism, may thankfully be rare but it does happen, and sadly it did happen.

"He [the accused] may not have done the right thing because he was scared no-one would believe him, but don't prove him right."

Grace Millane murder trial: Accused won't take the witness stand in defence case

 

[jamjim]

11:03am - Mansfield highlights some of the witnesses the jury will hear from this week. The witnesses will include people who have experience with rough sex and a pathologist who will say what the accused claims happened is consistent with evidence.

The accused's "blame-worthiness" is what is on trial, Mansfield says. Millane won't be blamed in any way.

He wants the jury to put aside what others - like those on social media - believe happened and focus only on the evidence presented.

After reiterating that the evidence is consistent with the way the accused claims Millane died, Mansfield finishes his address.

The court is taking a short break.

Grace Millane murder trial: Live updates as Defence opens case, calls witnesses

 

[Kikixxxx]

is it just me or does websleuths keep going down?

 

[jamjim]

is it just me or does websleuths keep going down?

Yep same here! It's being very temperamental tonight!

 

[Elainera]

is it just me or does websleuths keep going down?

Me too!

 

[Elainera]

The witnesses will include people who have experience with rough sex and a pathologist who will say what the accused claims happened is consistent with evidence.

Interesting. Looking forward to his testimony.

 

[Mariposa]

This “Instagram age” defense... well I guess they must try to detract from the accused being a lying liar who lies about everything. I bet on the critical things he was truthful though of course!
girding my loins metaphorically for this defense case

 

[LucyRocket]

Justice Simon Moore is clarifying to the jury that murder isn't confined just to someone intentionally killing someone or causing their death. It can also refer to reckless actions that cause bodily injury or death.

Grace Millane murder trial: Live updates as Defence opens case, calls witnesses