Judge erred, Court told

Press, 9 February 1983, Page 8

Judge erred, Court told

NZPA Sydney Mr Justice Muirhead has failed to put the defence case adequately to the'jury in his summing up at the trial -of Lynne and Michael Chamberlain. it was alleged in the Federal Court of Australia yesterday. Michael McHugh. Q.C.. for the Chamberlains, also said that his Honour had misdirected the jury on the proper standard of proof required if the charges against them over the death of their daughter, Azaria, were to succeed.

Mr McHugh was making submissions to a Full Bench of the Federal Court in support of three grounds of appeal lodged by the Chamberlains.

Earlier the Chief Judge of the Court, Sir Nigel Bowen, had said that he and the other judges on the Bench. Sir William Forster, and Mr Justice Jenkinson, would reserve their decision on an-

other five grounds of appeal which had already been argued. He said that the decision would be given as soon as practicable. Mr McHugh then began submissions on appeal grounds which alleged that Mr Justice Muirhead had erred in law: • When he directed the jury on the appropriate standard of proof as to what constituted a reasonable doubt. • By instructing the jury that, if the Chamberlains' evidence led it to conclude that there was a reasonable possibility that they were not guilty, it was to act on that.

• In not putting the sworn evidence of the Chamberlains to the jury

Mrs Chamberlain was sentenced to life imprisonment on October 29 for the murder of Azaria at Ayers Rock on August 17, 1980.