Lynette Daley death trial: Jury told to weigh evidence

This 2010 photo released by the Daley family shows Lynette Daley cuddling her dog, Bunyip.
This 2010 photo released by the Daley family shows Lynette Daley cuddling her dog, Bunyip.

THE jury presiding over the Lynette Daley manslaughter case was given a law 101 class  as Justice Elizabeth Fullerton highlighted the complexities of the trial.

Justice Fullerton said the case concerned in essence 12 hours where Ms Daley was in the company of Adrian Attwater and Paul Maris in the lead-up to her death.

Ms Daley died aged 33 of injuries after having rough sexual intercourse on a camping trip with manslaughter accused Adrian Attwater at Ten Mile Beach in January 2011.

Paul Maris is accused of sexual assault and hindering the discovery of evidence, after allegedly burning a bloodied mattress.

But Justice Fullerton said there were a number of facts in dispute such as the intoxication level of Ms Daley at the time of the sexual intercourse and her capacity to feel pain.

The court heard Ms Daley suffered a laceration as a result of "fisting", which lead to her death.

Justice Fullerton said Mr Maris demonstrated the fisting action, which Mr Attwater is alleged to have performed on Ms Daley, to police.

In the Coffs Harbour courtroom today, Justice Fullerton addressed the jury and said both direct and circumstantial evidence were at play in the case.

She said direct evidence included the 000 call for an ambulance by Mr Maris, what witnesses saw and what the accused reported they did.

Justice Fullerton said neither form of evidence was "more supreme" than the other and both should be noted for what they were worth.

The jury was told to assess all evidence presented to the court over the past few weeks with a critical and reasoned review.

The trial continues in the Coffs Harbour Supreme Court.

Topics:  adrian attwater coffs harbour lynette daley paul maris supreme court

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