NSW Supreme Court judge Elizabeth Fullerton has told jury members that sympathy should play no part when they consider their verdict in the murder trial of former NRL star Craig Field.
The former South Sydney Rabbitohs captain is charged with the murder of 51-year-old farmer Kevin Kane in 2012.
With the case now into its 13th day, Justice Fullerton will continue her summary to jury members this morning before ‘sending them out’ sometime today.
Justice Fullerton yesterday outlined the fundamental directions that the jury should consider when determining whether Field is guilty beyond reasonable doubt, or innocent.
She said the primary issue was ‘who threw the fatal punch’.
Field’s barrister Tony Bellanto QC said yesterday that the defence case was that Field threw a punch that knocked Mr Kane down, but the punch followed others thrown by his friend Shaun Fathers.
He said medical evidence showed more than one punch was thrown in the fight involving Field, Mr Fathers and Mr Kane, despite the prosecution’s case that Field was responsible for the fatal blow.
Justice Fullerton said jurors must be unanimously satisfied all three elements of murder were proven beyond reasonable doubt.
These elements are that it was a deliberate act of the accused that caused the death, that the accused intended to cause grievous bodily harm to the deceased, and that the act of the accused was not done in self defence.
Justice Fullerton has indicated her summary should be completed by midday today, after which she would direct the jury to retire to consider their verdict.
If the jury has not arrived by its verdict by today, Justice Fullerton said she would adjourn proceedings until Monday instead of holding jurors over the weekend
