Judge explains to jurors what they must decide
Judge Christopher Kinch QC explains that read evidence and agreed facts are not in dispute, but jury members must draw their own sensible conclusions on how honest and reliable evidence given by witnesses is. He then gives jurors legal directions.
It’s heard that the
prosecution must prove that the defendant is guilty. The defendant
does not have to prove anything. Mr Kinch says:
If you’re not sure she’s dead, then there has been no murder and that’s the end of the case. Ben Lacomba must be found not guilty.”
The prosecution allege that this is a “planned and deliberate” murder. If jurors are unsure that she died at the hands of Lacomba, they must find him not guilty.
Judge Kinch describes it as a “circumstantial case which relies on circumstantial evidence”. In other words, the prosecution claim “the variety of fact that proves the case can’t be explained as coincidence”.
Is Sarah Wellgreen dead? The categories of evidence
Jurors must contemplate two questions when deliberating.
Question 1: “Are we sure that Sarah Jane Wellgreen is dead?” If jurors believes so, then they must answer question 2.
Question 2: “Are we sure that Ben Lacomba intended to and did kill Sarah Jane Wellgreen?”
Jurors must answer yes to both questions to return a guilty verdict, otherwise must return a not guilty verdict. On whether or Sarah Wellgreen is dead, the categories of evidence are:
- She hasn’t been seen since October 9, 2018
- Disappeared without taking her car
- There have been no use of her phones
- There has been no use of no bank accounts in her name
- There has been “a widespread and entirely unsuccessful search for her”
Judge Kinch adds:
The defence do not challenge any of that evidence.
“They challenge whether it is sufficient to make you sure that she has died.”
If Sarah Wellgreen is dead, did Ben Lacomba kill her intentionally?
If the jury decides that Sarah Wellgreen is no longer alive, they must consider whether Ben Lacomba killed her and if he did so intentionally.
The prosecution rely on the following evidence:
- The emergence of plans that Sarah had to buy Lacomba out of the property
- The purchase of a large shovel
- Switching off CCTV cameras
- Parking in car park 2 rather than car park 1
- The route of a particular vehicle tracked by CCTV during the night of October 9/10, 2018
- The flashing of reflective light from car park 2
- The extinguishing of light from the conservatory of 22 Bazes Shaw
Judge Kinch says:
The defence don’t challenge the facts but argue that in some cases the facts don’t bear the interpretation put on them by the prosecution and in some cases can be explained as coincidence.”