Jury retires to consider verdict in Mellory Manning trial
The jury in the High Court trial of Mauha Huatahi Fawcett, for the murder of 27-year-old Ngatai Lynette Manning, has retired to consider its verdict.
Justice David Gendall summed up the case this morning and said he had made allowances for Fawcett who had chosen to represent himself. He said he had taken endeavours to assist him in his defence, but in a way that was not unfair to him, or overindulgent.
He said the Crown alleged Fawcett did not act alone, and was not necessarily the main offender, but was a party to Miss Manning’s murder.
She was killed by a series of assaults, but the jury had to decide whether it was murder, manslaughter, or he was not involved.
Justice Gendall said it was murder if the jury found Fawcett helped or encouraged the people who did the murder, or manslaughter if he did not have the mental intent to murder.
He said the Crown case was Fawcett intentionally assisted or encouraged the main offenders knowing that they were going to murder Miss Manning.
Fawcett told police he arrived at the Mongrel Mob pad, opened the shed and turned up the music. He saw she was being attacked, and was asked to be a look-out. He cleaned up afterwards and acted as a lookout while her body was put in the river.
The defence case was that he was not there, and the only reason he was facing the charges was because he made false statements to the police.
Fawcett says the witnesses lied, and his amicus curiae – legal adviser – Craig Ruane, said Fawcett was not a criminal mastermind, but was caught up in something way beyond his comprehension.
He was the weakest link as a gang prospect, and had been dropped in something far more serious than he thought.
Fawcett denies the murder of Miss Manning, known as Mellory, on or about December 18, 2008. Her partly naked body was found in the Avon River on December 19, 2008.
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