From my admittedly non-extensive experience of sitting on one jury:
You'd think it would be easy to predict what will happen in the Guy murder trial - ie, if the media reports are accurate there isn't much in the way of evidence that the jury can consider beyond reasonable doubt, so they should be back reasonably quickly with a not-guilty verdict.
However, they do need to sit down and work through that evidence and see if they are all agreed about the difference between "most likely" and "beyond reasonable doubt," and which of those categories the various bits of evidence come into, so two days wouldn't be unreasonable in a case like this.
Of course, human psychology being what it is, there's no guarantee the lack of solid evidence will result in a not-guilty verdict. Some people don't take a very rational approach to issues and can be unshakable in a belief they can't defend with persuasive or logical argument. And perhaps more to the point in this particular case, there can be a temptation to use balance of probabilities rather than beyond reasonable doubt for your verdict. New Zealand's double jeopardy law means that finding Ewen Macdonald not guilty equates to declaring him innocent - he can never be tried again for this crime, even in the unlikely event that better evidence turns up. If a juror's of the view that Macdonald most likely commited the murder (which wouldn't be surprising, as he most likely did), voting 'not guilty' might go very much against the grain.
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11 comments:
Maybe people sometimes do the right thing even though the law says they shouldn't.
3:16
I agree Milt. It wouldn't surprise me if the jury is hung as perhaps there may be some who don't think that there is enough evidence to find him guilty however they don't want to let him off scot free either.
If it wasn't for the previous arson/tagging (which to my mind shows a sort of deviant mindset) then it would be hard to get a conviction.
However this, combined with the gate being shut & the puppies being killed tends to point to only one conclusion I would have thought and I hope they come back 11x guilty.
Jimmie
It seems to me that if they do find him guilty he'll immediately become another David Bain or Mark Lundy - ie, the fact it's highly likely he did it won't stop hordes of people convincing themselves that he simply must be innocent, because after all there are wildly unlikely scenarios in which it might have been someone else.
Good analysis Milt, my gut feeling is that there is a chance the Jury will come back with guilty based more on probability than from discounting the reasonable doubt factor.
Did plod go to charges too early as their thread of circumstantial has all but the admitted past relationship between Guy and McDonald pretty well taken to doubt by Greg King. He was the better counsel IMO from this distance.
BTW I am still a little confused as to how the Zimbabwe Vet had a second trial to defend on murder charges, what happened to double jeopardy with that.
I would be very unhappy if I learnt that the jury convicted on the feeling he was the "most likely" murderer - among other reasons because then we would end up paying another Cannuk dickhead a very large sum to decide the taxpayer (that's us folks) should pay the bastard a very large sum for his time.
If new evidence turns up which could not have been discovered at the time of the initial investigation (e.g. because forensic techniques have advanced), then our double jeopardy laws do not present a roadblock to trying someone again for a crime they have previously been acquitted of.
Re Anonymous @ 9:12
"...the puppies being killed..."
Really? Do you know something that wasn't presented in evidence? If so, why didn't you come forward?
Graeme Edgeler
Thank you for that. I must admit the earlier comment to the contrary raised my eyebrows.
Yes, sorry, I'm not sure where I got "can never be tried again" from, as I did know it's not that simple. That said, from a juror's perspective the likelihood of someone being retried after being found not guilty is vanishingly small. If they return not guilty in this case, unless someone turns up three puppy skeletons next to a pair of size 9 dive boots with a name label on them saying Ewen Macdonald, he's never going back in front of a court.
Whatever happens MacDonald is finished.
He totally lied to his wife and they can never go back.
Feel for the children.
Yes I feel terrible for the children as well, both sets of kids have lost an uncle and a Dad. Anna has lost a husband and a brother.
Yes, understandably Ewen's marriage is over. Even if he had just been charged with the arson etc and Scott had never been murdered that would test a marriage. I don't think Ewen is finished though, look at David Bain- he's got workmates who adore him and ladies on horses chasing him!
Ewen obviously won't be invited back to the Guy family farm, but he can work on another farm, maybe in another town. Not everyone in Feilding district will think Ewen was guilty and will support him.
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