Long Deliberation By Davis Trial Jury (Press, 21 March 1967)

On 20 March 1967, a jury was deliberating the case of Doreen Ellen Davis, a 30-year-old nursing sister charged with the murder of 40-year-old Sister Raewyn Kathleen Joy Petley at the R.N.Z.A.F. base in Whenuapai on 19 November the previous year. The jury had been considering the case for nearly eight hours after retiring to deliberate. Justice Moller, during his summing up, explained that Davis was entitled to an acquittal if the jury could not definitively exclude the possibility of suicide, which was a major element of her defence. The jury's task involved evaluating three main categories of evidence: Davis’s personal account, the nature of Sister Petley’s wound, and medical testimony suggesting that Sister Petley had tendencies toward self-harm. Davis maintained that she recalled Petley cutting her own throat vividly but could remember little after that event. However, the prosecution highlighted inconsistencies, notably that Davis left the room, with the door later found locked from the inside, and she did not seek immediate help despite claiming to have called out. Witnesses corroborated that they heard calls for help from the room. Justice Moller commented on the emotional turmoil that Davis allegedly faced due to Petley’s advances, citing testimony from Dr. Bethune regarding the emotional shocks Davis experienced. This included analysing two letters written by Davis shortly before Petley’s death, which could indicate that their relationship was not as definitively severed as Davis had claimed. The judge advised the jury to weigh the evidence from both sides carefully. The prosecution contended that a qualified pathologist had determined that the wounds were not self-inflicted, while the defence argued that another pathologist suggested self-infliction was possible. The circumstantial evidence, including the nature of the incident and the context of the relationship between the two women, was pivotal for the jury's consideration. Moller outlined possible verdicts: if the jury found the Crown did not eliminate the possibility of suicide, they must acquit Davis. If they thought she acted unlawfully but without intent to kill or cause harm, they could deliver a manslaughter verdict. Moller instructed that for a verdict of "not guilty by reason of insanity" to be rendered, it must be clear that Davis was suffering from a debilitating mental condition that impaired her understanding of her actions. Automatism, a condition in which a person might perform actions without conscious awareness, was also discussed, stating that if the jury believed Davis acted in such a state, she would be entitled to complete acquittal. Moller concluded by posing a question on self-defence, pointing out that while it was not proposed in this case, the jury should consider whether an unprovoked assault by Sister Petley could justify Davis’s actions as a form of reasonable force. The jury was left to carefully evaluate the evidence against Davis’s claims, weighing the possibility of suicide against the circumstantial and direct evidence presented.

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