Prosecution sums up

Press, 27 October 1982, Page 8

Prosecution sums up

NZPA Darwin A massive body of evidence suggests that Azaria Chamberlain was murdered by her mother, the Crown prosecutor, lan Barker, Q.C., told the jury in the Chamberlain trial yesterday. Mr Barker said that the amount of blood in the Chamberlain family tent was “totally inconsistent” with Azaria having been attacked in the tent by a dingo as was stated on oath by Lindy Chamberlain.

Summing up the Crown case, he said that the prosecution could not- prove a motive.

He had not gone into court to prove a motive, he was there to prove a murder “and that, Trespectfully submit, is what has been proved.” Defence counsel, John Phillips, Q.C., in his summing up said that the most import-

ant allegation in the trial, the question of motive, was not put to Mrs Chamberlain while she was in the witness box.

Mr Barker said that he and Mr Phillips had common ground that his was a case of simple alternatives: “Either a dingo killed that child or she was murdered.

“If it was murder, the evidence points overwhelmingly to the accused Alice Lynne Chamberlain as having committed the murder.” Mrs Chamberlain, aged 34, of Cooranbong in New South Wales, has pleaded not guilty to a charge of murdering her nine-week-old daughter, Azaria, at Ayers Rock on August 17, 1980. Her husband. Michael Chamberlain, aged 38, a Seventh Day Adventist pastor, has pleaded not guilty to a charge of being an accessory after the fact. Mr Barker said: "A bal-

anced view of the evidence. I will submit, will lead you inevitably to the conclusion that you will be satisfied beyond reasonable doubt that the Crown case as opened is the Crown case that has been proved, because the Crown says that the dingo story is preposterous.

“It is not capable of belief, and if it can’t be believed there’s only one alternative, and that much is common ground.

“So I stick by what I said seven weeks ago, and if upon a careful review of the evidence you are unable to come to the conclusion beyond reasonable doubt that that child was murdered by her mother, well then the only course open to you is to find her not guilty, and of course it follows that you would also find her husband not guilty.