May 20, 2008

'Look at the circumstances' says murder trial defence

Defence closing in Edgeware Road murder trial

The jury in the Edgeware Road party tragedy trial has been asked to decide whether 23-year-old accused Lipine Sila is guilty of murder or manslaughter.

The question was put to the jury in the closing address by defence counsel Pip Hall on the 18^th day of the trial in the High Court at Christchurch.

Sila has acknowledged that he caused the deaths and injuries when he accelerated a car along Edgeware Road about 10.50pm on May 5 last year.

But Mr Hall told the jury that they must decide whether the crown had proved to the required standard ? beyond reasonable doubt ? that Sila ?had the necessary and essential murderous mind?.

He asked the jury to consider the real circumstances happening along Edgeware Road that night, where a birthday party had got out of control, when Sila did his 8sec drive through the partygoers in the roadway, hitting 28 of them.

?Was it a scene of panic, violence, or mayhem, causing people real concerns? Was he assaulted, was he injured, and was he justified in all these circumstances in wanting to get away in a panic?

?When he told the detective that he didn?t think about the persons he hit, or the consequences of his actions because he was too scared, was he telling the truth?? Mr Hall asked. ?I suggest when you look at the circumstances, it very likely was.?

He also pointed to evidence of a partial loss of control by Sila, and a reason for his swerve to the right ? avoiding someone on the roadway ? that brought the car into collision with the densest group of partygoers.

By that time he had already hit some people, but there were bottles being thrown, the windscreen was broken, and the frightening and threatening events would have heightened his panic and ?deprived him of the ability to think of anything else, other than self-preservation?.