Flowers in Gods Garden - Articles
08/12/01 - Jury in Sarah Payne murder trial urged to be dispassionate
By Martin Hickman
The Independent

Jurors trying the man accused of killing eight-year-old Sarah Payne were urged to avoid "demonising" him because of their horror at the girl's death. Roy Whiting's lawyer told Lewes Crown Court that anyone accused of such a heinous crime faced the possibility of being turned into a monster.

"There is a danger that anybody even charged with this sort of offence, never mind convicted of it, is at risk of being demonised in some sort of way," Sally O'Neill QC said. In her closing speech on the 16th day of the trial, she cast doubt on scientific evidence that the prosecution claims proves a strong link between Mr Whiting and the murder.

Fibres found on Sarah's shoe and in her hair could have come from dozens of different sources and not only from items in Mr Whiting's Fiat Ducato van, Ms O'Neill said. She described prosecution claims that 22 fibres discovered at Sarah's burial site provided a "perfect" match to five items in the van as "a leap of faith".

She said the jury should disregard evidence about a strand of Sarah's hair found on a sweatshirt belonging to Mr Whiting because it could have been transferred from a hairbrush taken by police from the Payne family home. She suggested the prosecution's chief forensic science witness, Ray Chapman, had been "unscientific" by rejecting the chance of any such contamination.

Ms O'Neill said: "Ray Chapman is saying, 'I am a scientist and you can trust me'. Maybe you will, maybe you are satisfied. But we submit when you look at the basis on which he is giving you his opinions, you cannot be sure. And for him to stand there and say, 'This is what I am telling you', simply is not enough." She said Mr Whiting's decision to enter the witness box helped to prove he had nothing to hide.

"Simply giving evidence, going into the witness box, making an unnecessary trip and putting yourself in that position is not consistent with the actions of a guilty man," she said. Mr Whiting, 42, from Littlehampton, West Sussex, denies kidnapping and murdering Sarah.

She was abducted on 1 July last year from a country lane near her grandparents' home at East Preston, West Sussex. She was found dead 16 days later in a shallow grave off the A29 at Pulborough, 20 miles away.

The judge, Mr Justice Curtis, is expected to sum up the case on Monday.
Contact : bernard.omahoney@bernardomahoney.com
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