Blood Lust by Alex Josey

Author:Alex Josey [Josey, Alex]
Language: eng
Format: epub
Publisher: Marshall Cavendish Internationl (Asia) Pte Ltd
Published: 2011-08-10T05:52:31+00:00

Murder- A Definition by Justice Azmi

“YOU MUST NOT SPECULATE OR GUESS at any conclusion which is not supported by evidence,” Judge Azmi told the jury. He reminded the all-male jury of seven of their oaths to give a true, just and honest verdict. They should also not allow anything other than the evidence adduced in Court, to influence them in any way.

In his summing up, which took one hour and 45 minutes, Justice Azmi said: “You are the sole judges of facts. This means that you have to form your own opinions based on the evidence. In the course of my summing up I am entitled to express my views on the facts and to comment on the witnesses, but you need not follow me if you disagree with me—these being questions of fact. But I am the sole judge of law and you must accept my direction to you on questions of law.”

Justice Azmi said Karthigesu was not obliged to prove his innocence. It was the duty of the prosecution to prove its case beyond reasonable doubt.

The jury, he said, had to start on the assumption that Karthigesu was innocent and then consider the evidence produced by the prosecution. The prosecution must prove its case beyond all reasonable doubt. “Reasonable doubt is not a flicker of doubt. It is not any fanciful or imaginary doubt of the sort which arises in the mind of a person who shrinks from arriving at a decision, nor does it mean any doubt that you may be able to conjure up for the purpose of avoiding the making of an unpleasant decision.

Reasonable doubt means a real, genuine doubt of the sort which will make you hesitate in making a decision in any important private affairs of your own.”

The jury should consider the defence only after it was satisfied that the prosecution had proved its case beyond reasonable doubt.

Explaining what constituted murder, the judge said a killing became a murder only when it was committed with certain intentions. “While we cannot see or feel what is going on in the mind of any human being, it is possible to adduce a person’s intention from his conduct and all the surrounding circumstances.” Justice Azmi said these circumstances included a person’s actions, what he did, what he said, the injury or injuries inflicted on the victim and the type of weapon used, among other things.

Justice Azmi told the jury there was no direct evidence implicating Karthigesu of the murder except for the evidence of prosecution witness Bandhulananda Jayatilake which, if believed, would constitute an extra-judicial confession.

Under the law a person can be found guilty on circumstantial evidence, but the circumstantial evidence must be such that if it is believed, there is no reasonable alternative to the guilt of the accused. Added the Judge: “If there is anything less, there is no case at all and the accused is entitled to an acquittal.”

There was evidence to show that the motive for the killing was jealousy and hatred for Jean’s unfaithfulness, said the Judge.

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