Flowers in Gods Garden - Articles
07/12/01 - WHITING DEFENCE URGES JURY TO IGNORE EMOTION
By Neil Roberts
The Mirror

The jury in the Sarah Payne murder trial were today told to base their verdict on scientific evidence rather than emotions. Sally O'Neill, defending, said a single strand of Sarah's hair could have got on to the clothing of defendant Roy Whiting after it had been taken away for examination by police.

And when forensic expert Ray Chapman dismissed the possibility, he was "not being entirely scientific, he's being on the side of the prosecution", she told the court. She described the evidence of fibres found on Sarah's shoes matching fibres in Whiting's van as "a leap of faith", and told the court the fibres could have reached Sarah's shoes from "dozens of different sources".

Earlier she asked the nine men and three women of the jury at Lewes Crown Court to distance themselves from the "tragedy" of the case. The lawyer said she feared Whiting, 42, would be thought of as a monster, saying: "Anybody even charged with this sort of offence is at risk of being demonised in some sort of way."

She went on to urge the jury to put aside the emotions they will feel about the eight-year-old's death when deciding if Whiting snatched her from a country lane and killed her. "The one and only consideration for you in this trial is to decide whether the prosecution can make you sure that Roy Whiting is the person who abducted her and was later responsible for her death," she said as she completed the defence of her client.

O'Neill also said items in Whiting's van which the prosecution had claimed were important were not linked to the crime by any evidence at all. She said mud samples found on a spade in Whiting's van did not match samples taken from the site where Sarah's naked body was found in a shallow grave.

And she claimed plastic ties in the van which the prosecution suggested were used as restraints were proved to be unsuitable for that use by forensic scientists. As for a bottle of baby oil discovered by police she said: "You are not going to convict him on that." Whiting denies the murder and kidnap of Sarah Payne.

The case continues.
Contact : bernard.omahoney@bernardomahoney.com
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