HE jury has gone out in the Craig Rippon murder trial being heard in the High Court at Whanganui.
Yesterday Justice Jillian Mallon summed up the trial that started on October 27 and the jury went out about 3pm.
Tyrone Peter Madams and Kevin Roy Madams are charged with the murder of Mr Rippon, 57, on November 8, 2015, and with participating in a criminal organisation. They have denied the charges.
Justice Mallon told the jury to put aside feelings of sympathy or prejudice in their decision.
"It is natural to feel for the violent loss of a man in front of his family. You may be concerned about gangs in our community.
"The starting position for everyone is the presumption of innocence."
She explained that the Crown's case is that Tyrone Peter Madams and Kevin Madams entered the property with weapons, intent on revenge for an earlier attack on Tyrone Peter Madams. The Crown contends that the two defendants brought Tyrone William Madams as reinforcement.
She told the jury that the two defendants are charged with being a party to murder. Even if the two did not assault Mr Rippon, but foresaw their actions would result in the "probable" death of Mr Rippon, they must be found guilty.
"This means that the death was known to be a probable consequence of unlawful actions."
This could involve the planning of the assault.
She reminded the jury that the defence for Tyrone Peter Madams said he was in "no fit state to be a part of any plan". She said the court heard he was an "alcoholic who had been drinking moonshine all day".
Justice Mallon told the jury that while being drunk does not remove responsibility, it can impact if Tyrone Peter Madams was involved in the planning of the assault or if he foresaw the death of Mr Rippon as a result of his actions.
In regards to Kevin Madams, she told the jury if they believed he made "reasonable and timely" steps to withdraw from the assault he must be found not guilty.
His defence claims that no independent witnesses can put Kevin Madams at the scene of the attack.
The jury's deliberations continue today.
During the trial, Mathew Thomas Madams and one youth took a lesser plea of manslaughter. In June, Tyrone William Madams pleaded guilty to Mr Rippon's murder and was sentenced to life imprisonment.