Article Title:Judge recalls McNee jury
Category:New Zealand Daily News
Author or Credit:GayNZ.com News Staff
Published on:10th August 2004 - 12:00 pm
Published by:GayNZ.com
Story ID:2473
Text:UPDATED 5PM: Over a day has passed since the jury retired in the David McNee murder trial, but still no verdict. Judge Marion Frater recently recalled the jury to check on progress. She told the 12 members that if they needed any assistance, they only needed to ask. Justice Frater refused to let the foreman speak, instead suggesting they go back out and consider any questions they may have and put them to her in writing. The jury asked what would happen if they couldn't reach a verdict. Frater reminded them of their oath and sent them back to deliberate further. Frater last night endorsed accused Phillip Edwards' "homosexual panic" defence, saying she was satisfied there were grounds for provocation in the killing, but added that jurors must decide whether or not that provocation occurred. The Crown alleges Edwards is guilty of murdering McNee, while defence lawyers claim it was manslaughter under provocation.    
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