KEY POINTS:
A murder trial jury has been told to put any feelings they have about the anti-smacking bill out of their mind.
The jury in the High Court in Auckland retired at 1pm today to consider whether a 32-year-old mother and her 27-year-old partner murdered the woman's three-year-old son early last year.
The pair, from Otara, are also charged with wilful ill-treatment and manslaughter through failing to seek medical treatment for the boy.
Judge Graham Lang told the jury when summing up that the jury room was not a place to act on feelings about the repeal of Section 59 of the Crimes Act.
"What you cannot and must not do is see this as an opportunity to make your mark on that particular debate," he said.
"This has nothing to do with the rights and wrongs of that debate. You are here to decide whether the Crown has established these particular allegations."
The boy died on February 1 last year after being taken to hospital from his home the day before with several bruises on his body.
Crown prosecutor Ross Burns argues that the accused pair both administered blows which killed him and did not act quickly enough to seek medical treatment which could have saved his life.
The woman's lawyer, John Rowan, said the boy died from a brain haematoma he first received five to 10 days before his death and not from any blows.
Her partner's lawyer, Eddie Paul, said all evidence available showed his client did not hit the boy with a baseball bat as was alleged.
- NZPA