The jury in the trial of a man accused of raping and attempting to murder a 14-year-old girl was told to put aside their feelings of sympathy or prejudice when they decide their verdict today.
Justice Graham Lang summed up the six-day trial this morning at the High Court in
Auckland and the jury of seven men and four women retired at 11am to decide their verdict.
"Sympathy can't play any part or influence your decision in any way," Justice Lang told the jury.
The victim, now 15, was attacked in her bed about 3.30am on December 31, 2004.
Police said she was raped, bitten and stabbed 10 times before being thrown over the back fence and left for dead at her Manurewa home in South Auckland.
David Mamea, 18, has pleaded not guilty to attempted murder, rape, and being party to rape. He entered a guilty plea for aggravated burglary.
Crown prosecutor Steven Haszard said Mamea and another unidentified man entered the victim's house with an intent to sexually violate her.
Mr Haszard said because Mamea admitted to stabbing the victim, he had an intent to kill her.
He said Mamea raped her then dumped her over the fence, believing she was dead.
But Mamaea has claimed he was forced at gunpoint by four other men to go to the property and they made him stab the victim once.
He said he never raped her but was told to chuck her over the fence after the others had finished with her.
DNA evidence given in court showed Mamea's blood, saliva and pubic hair was found at the scene but semen samples tested belonged to another man.
- NZPA
