Jury retires for night in schoolgirl slaying case

Tributes on a bridge near where Liberty's body was found. Photos / Northern Advocate, supplied

The jury considering whether a teenage boy murdered 15-year-old Liberty Templeman in Kerikeri has retired for the night without reaching a verdict.

The jury in the High Court at Whangarei began deliberations this afternoon after Justice Raynor Asher completed his summing up following a nearly week-long trial.

But after an hour and half, the jurors were dismissed for the night. They will continue deliberations at 10am tomorrow.

The 16-year-old accused, whose name is suppressed, has pleaded not guilty to murdering and indecently assaulting Libby, whose body was found face down in the Wairoa Stream at Kerikeri in November 2008.

The jurors heard a plea from the defence for a finding of manslaughter while the Crown called for a murder conviction.

After nine days of proceedings, Justice Raynor Asher summed up the case for the jury of six men and six women, following closing addresses by Crown prosecutor Mike Smith and the boy's defence lawyer Catherine Cull.

Justice Asher again told the jury they must keep an open mind.

He told them to put aside any sympathy they may feel for the Templeman's - and any they might have for the accused boy.

"You must not assume that the accused is guilty simply because he has lied on a number of occasions ... people lie for various reasons - to avoid suspicion, to protect someone else or out of embarrassment or confusion."

Justice Asher gave the jury hand outs explaining the legal aspects of the charges of murder and indecent assault, which the Crown must prove beyond reasonable doubt.

The sheets also explain the law around manslaughter.

Earlier, supporters of the family of Liberty arrived in the High Court at Whangarei wearing ribbons in the former Kerikeri schoolgirl's favourite colour, orange.

For the first time, Liberty's younger brother was in court, seated between his parents.

The jury hearing the trial heard the lawyers' closing comments this morning.

Crown lawyer Mike Smith addressed the jury of six men and six women, telling them they would need to make their own judgement on whether they believed the witnesses heard throughout the trial which began last week.

The boy, 16, gave evidence at his trial yesterday. He can not be named for legal reasons but is accused of the murder and indecent assault of Liberty, 15, on November 1, 2008.

Mr Smith said today that the boy's story was full of "inconsistencies".

"Lies," Mr Smith said.

"There's no other way away from it, a story that evolved and changes as the police zeroed in on who was with Liberty and and what had happened to her.

"As the circumstances started to point towards him, different stories ... and a trail of deceit that continued right up until yesterday."

Speaking next, the boy's lawyer Catherine Cull said:

"This is a trial about the degree to which the accused is criminally liable for the death of Liberty Templeman.

"Yes, the accused caused her death ... that was caused by an unlawful act but he did not have either of the murderous intentions that Mr Smith is urging you to accept.

"He made the most tragic and most silly decision to try to conceal what he thought was a body and it is that decision in placing her or in putting her in the stream that ultimately caused her death. But he did not do that action with the intent to kill her."

She told the jury they could not be sure beyond reasonable doubt that the boy meant to kill Liberty.

"He was a 14-year-old in a panic. He did not want to get into trouble."