The jury in a High Court murder trial in Whangarei resumed sitting today after members retired overnight without reaching a verdict.
Hori Slade, Norton Maihi and James Hamilton are accused of murdering Richard Harcombe, 18, on Tarewa Rd in Whangarei on September 7, 2002. The three -- aged 16 at the time of the killing -- are also charged with robbing Mr Harcombe of a cellphone, wallet and shoes.
Separately, they are also charged with assault using an offensive weapon -- a hammer -- with intent to rob Jason Jurisich. An alternative charge of injuring Mr Jurisich with intent to cause grievous bodily harm has been laid.
The jury began deliberating their verdicts yesterday about 3.30pm.
Earlier in the day, Justice Keane summed up cases for both the defence and the Crown and directed the jury in matters of law before he retired.
Mr Keane said sympathy or prejudice had no place in the jury's deliberations.
The Crown's case was that the three accused had a shared intent to at least assault and probably to rob when they attacked Mr Jurisich and Mr Harcombe.
However, the defence had argued that no such agreement had existed on the night and the three had acted individually.
Maihi had admitted robbing Mr Harcombe of a wallet and cellphone but denied taking the shoes and the other charges.
Hamilton admitted killing Mr Harcombe but maintained he was guilty of manslaughter not murder.
Slade acknowledged being a party to manslaughter only if the jury found that the blows that killed Mr Harcombe were delivered at 4am, not 6am when he and Hamilton had returned to the scene and Hamilton had again kicked Mr Harcombe.
In relation to the Jurisich incident, the jury had to decide whether there was any intent to rob or if it was just a fight that had got out of hand.
Hamilton had admitted striking Mr Jurisich and it was up to the jury to decide what part, if any, Slade and Maihi had played in the incident and whether a hammer had been used.
Hori Slade had admitted having a hammer that night but claimed not to be carrying it as a weapon.
- NORTHERN ADVOCATE (WHANGAREI)
Jury ponders murder trial verdicts
AdvertisementAdvertise with NZME.