KEY POINTS:
An Auckland jury failed to reach a verdict last night in the third trial of a man charged with the manslaughter of his 4-month-old daughter.
The jurors at the trial of Joseph William Wilson for the death of Alyssa Wilson in Massey in June 2004 told the judge about 8pm they were having trouble reaching a verdict.
They were sent away to try again but shortly before 10pm returned to say they believed they would not make any progress even if they slept on it.
Wilson was accused of shaking Alyssa so hard that she died from her injuries.
The Solicitor-General will now decide whether he should be tried again.
Earlier, Crown prosecutor Howard Lawrie said there was no doubt Alyssa had been badly abused.
It was abundantly clear there were only two people in the house who could have fatally injured Alyssa - Wilson and Tamati Kem, then 21, the brother of Alyssa's mother, Wikitoria Kem. He said the evidence was quite clear about Wilson's role.
But defence lawyer Marie Dyhrberg said the real issue was one of identification. The Crown could not prove beyond reasonable doubt Wilson caused the fatal injuries.
She said that also in June 2004, Mr Kem had hurt Alyssa's brother Lennox, 2, saying he accidentally stomped on him while break-dancing.
- NZPA
