Did Jason Wiremu Poihipi murder his pregnant partner Lynace Parakuka or is he guilty of the lesser charge of manslaughter?
That is now being debated by a jury of 10 women and one man in the High Court at Rotorua where Poihipi, 19, went on trial on Monday. The 12th juror was discharged after becoming unwell.
The jury spent most of the afternoon deliberating after the judge summed up the case. They have retired for the evening and will return to deliberations tomorrow morning.
The Crown contends the only verdict that can be reached is one of murder. The defence argues that although Poihipi admitted punching and kicking Parakuka so severely she died, he lacked the necessary intent to be guilty of the murder charge so must be found guilty of manslaughter.
Justice Ian Gault's summary of the evidence and submissions heard was in four parts. The first related to fundamental trial rules, the second was the essential elements of the murder charge, followed by directions on the proper issues relating to the evidence and a summary of the main points made by Crown an defence lawyers in their closing arguments.