Justice Geoffrey Venning has warned the jury trying two teenage girls charged with the murder of retired Opotiki teacher John Rowe to be careful of voice-identification on intercepted phone conversations played to them.
The conversations were between the 15-year-old accused, whose name was suppressed, her boyfriend and her mother.
Her
co-accused was 18-year-old Courtney Churchward.
Justice Venning told the jury in the Rotorua High Court today that although they had heard the tapes of the conversations and would have transcripts of them, mistakes could be made transcribing intercepts, leading to gross miscarriages of justice.
He explained the various legal elements of murder and manslaughter, emphasising a need for the jury to be convinced the accused had murderous intent when they attacked Mr Rowe.
He reminded them Churchward's counsel had said while she accepted she had caused Mr Rowe's death, she didn't have murderous intent - that she meant to knock him out, not kill him.
She had acted without thinking of the consequences.
The 15-year-old's counsel had submitted she didn't assist or encourage Churchward to kill Mr Rowe.
On the evidence, she could be guilty of burglary or robbery but not murder.
Justice Venning urged the jury to work towards a unanimous verdict.
The jury retired at 10am.
- NZPA
