The jury in the Wellington kidnap conspiracy case was told to ignore the "rubbish and irrelevancies" of the trial by Justice Hammond in his summing up in the High Court at Wellington today.
Matthew Norman Payne, 22, and his uncle, Upper Hutt lawyer John Arthur Burrett, 53, have pleaded not guiltyto charges of conspiring to kidnap with intent to hold for ransom, or with intent to confine, and having a sawn-off shotgun.
The Crown said the pair were arrested in a police ambush at Wellington's Botanic Gardens on July 22 last year when they were on their way to the Kelburn home of businessman Bill Trotter.
Burrett and Payne said they were playing a game and Mr Trotter would have known nothing about it if police had not told him.
Summing up today, Justice Hammond said the jury had to decide if the pair's intention was to kidnap Mr Trotter was merely a stupid game.
"Get rid of the rubbish, the baggage, the irrelevancies and the silly excursions," Justice Hammond. He told the jury they might have to consider if Burrett was a "blow hard".
The sole issue of the case was whether the accused had an agreement to kidnap Mr Trotter.
Justice Hammond said it didn't matter when that agreement was made or if they stuck to it.
He warned the jury not to allow sympathy for the accused to cloud their judgement.
"Inevitably whether you accept their account relies on your assessment of them."
Burrett, defending himself, had given the jury a unique and prolonged opportunity for them to assess his character.
The fact that Payne had taken so long to give evidence should not be held against him, Justice Hammond said.
He thanked the jury for their efforts on what had been a long and difficult trial.
