Riverhead quarry trial: Jury sent to deliberate

The jury has retired to deliberate in the trial of Colin Jack Mitchell, charged with abducting and assaulting a woman at a West Auckland quarry. Photo / New Zealand Herald

The jury in the High Court trial of a man accused of kidnapping a woman in central Auckland, taking her to a quarry outside the city and assaulting her have retired to deliberate.

Colin Jack Mitchell, who turns 60 next month, has been on trial in the High Court at Auckland for the past 12 days, charged with abduction, wounding with intent to cause grievous bodily harm, and assault with intent to commit sexual violation after the alleged attack early on February 26 last year.

The Crown alleges Mitchell kidnapped a 23-year-old woman as she walked home from Ponsonby, where she had been celebrating the annual pride parade with friends.

He then allegedly drove her 25km to a stone quarry on Sawmill Rd, Riverhead, and assaulted her.

The Crown allege that Mitchell intended to sexually assault the woman, but she managed to get away.

They say CCTV footage of Mitchell's car in the area where the victim was last seen and at the quarry, cellphone data which also placed him near both scenes and DNA evidence proved that he was the offender.

Mitchell has pleaded not guilty to all charges.

He claims police arrested the wrong man, that he had nothing to do with the attack.

Justice Sally Fitzgerald said the jury must decide the case "fully on evidence before the court" and do so "dispassionately and fairly".

"You have to weigh all the evidence clinically," she said, "and base your decision on the facts as you find them."

Justice Fitzgerald said the jury needed to assess the "weight and worth" of the evidence and apply their collective experience, common sense and knowledge of human nature.

"Ultimately there's not an easy formula I can give you to assist you with the task ahead," she told the jurors.

Justice Fitzgerald said the jurors hadto reach a unanimous verdict on each charge.

She reminded the jury that each verdict was "very important" to the defence and the Crown and they should take as long as they needed to make their decision.

There was no timeframe or deadline, she advised.