KEY POINTS:
A High Court jury has retired to consider its verdict in the trial of three people accused of murdering an Upper Hutt great-grandmother by firebombing her house.
Carol May Clayton, 57, Richard Steven Pearce, 21, and Nicholas Andrew Edgarton, 19, have pleaded not guilty in the High Court at Wellington to murdering Joan Betti, 71, although they admitted starting the house fire in which she died on September 3, 2005.
Clayton also pleaded not guilty to attempting to kill two other women staying at the house, Latisha Owens and Judith Betti, both of whom she suspected of having sexual relationships with her boyfriend, David Betti.
The Crown alleges Clayton orchestrated the attack out of jealousy, and that the two young men, who were boarders at her house, threw a molotov cocktail each, in the early hours of that Saturday morning.
In his summing up, Justice Alan MacKenzie told the jury the trial was concerned with a tragic event, the death of Mrs Betti, but jurors were not to let that affect their judgement.
He said the case against each of the accused was to be considered separately.
"Because they are jointly charged does not mean they must all be guilty or not guilty."
Mrs Betti died from smoke inhalation from a fire caused when Pearce and Edgarton each threw a molotov cocktail into her house.
The main issue was that of intent and the jury should use inferences to decide what was someone's intention was, he said.
The trio were either guilty of murder or manslaughter, Justice MacKenzie said.
The Crown says Clayton is guilty as a party to murder, for aiding, enticing or abetting Pearce and Edgarton.
All three have acknowledged they are guilty of culpable homicide but say they are guilty of manslaughter, not murder.
The essential question was whether each of the three accused knew that Pearce and Edgarton's actions were likely to cause death. If so, they had murderous intent, Justice MacKenzie said.
- NZPA
