Wed 19 Oct 2011 In: New Zealand Daily News View at Wayback View at NDHA
Denis Phillips (left) and the teenager accused of his murder Willie Ahsee (right) 1.25PM: The jury must put any emotion, prejudice or sympathy to one side as it decides whether 17-year-old Willie Ahsee is guilty of either the murder or manslaughter of gay temporary police officer Denis Phillips, the judge presiding over the case says. The Crown claims Ahsee murdered Phillips in the 59-year-old's Papakura home on 30 July last year, however the defence has put forward cases for both accidental death and self-defence. Both agree the teenager fatally stabbed Phillips in the head with a steak knife, severing his vertebral artery. Justice Asher gave the jury the steps it must go through in order to decide on its verdict, saying if it accepts either of the defence's arguments that Phillips' death was an accident or that Ahsee acted in self-defence it must find him not guilty of both manslaughter and murder. He told the jurors if they do not accept these arguments, they must at least find Ahsee guilty of manslaughter. They must then decide whether there was murderous intent, and that the Crown has proven it beyond reasonable doubt, if they are to find him guilty of murder. Justice Asher told the jury that while all background factors can be relevant when assessing evidence, the jurors must put any emotional reaction entirely to one side. “You may disapprove of what Mr Phillips was doing with teenage boys, but that disapproval is irrelevant to the process you must go through,” he said. “No element of judgement on your part is to be made about what Mr Phillips was doing, emotion, prejudice and sympathy must be put to one side,” he said, reminding them they are judges and must be judges of fact. Justice Asher also pointed out drunkenness and youth are not defences for any charge under the law, however they may be relevant to an accused’s state of mind and reactions. Note: The jury retired to deliberate just after 2PM. GayNZ.com Daily news will remain in court to report live on the jury's verdict.
Credit: GayNZ.com Daily News staff
First published: Wednesday, 19th October 2011 - 1:22pm