Do not leap to conclusions... decide where the truth lies
Judge’s advice for jurors when reaching a verdict
Stuart Olding Rory Harrison Paddy Jackson at Belfast Crown Court yesterday THE judge presiding over the rape trial of Paddy Jackson and Stuart Olding has told the jury: “It is for you to decide where the truth lies.”
Judge Patricia Smyth was reviewing the evidence to the eight men and three women tasked with finding a verdict on the six charges.
Paddy Jackson, 26, from Oakleigh Park, and his 25-year-old teammate Stuart Olding, from Ardenlee Street, both South Belfast, deny raping the same woman at Jackson’s house in June 2016. Jackson denies a further charge of sexual assault.
Blane Mcilroy, 26, from Royal Lodge Road, denies exposure while 25-year-old Rory Harrison, from Manse Road, both Belfast, denies perverting the course of justice and withholding information.
They sat side by side in the dock as the trial entered its ninth week.
The judge reminded the jury to consider her previous guidance on the legal definition of sexual consent when weighing up the charges against the men.
She said: “A woman is entitled to say no and to decide what sexual activity she wants, how far she is prepared to go and what she does not want to do.”
And the judge urged the jury not to “leap to conclusions” about the levels of alcohol consumed by the complainant.
She told them: “You must not assume that because [the complainant] was drunk that she wanted sex. People do go out and get drunk. She was 19.
“It would be wrong to leap to the conclusion that she was looking for sex or if someone looking at her could reasonably believe she wanted sex.”
The PSNI investigation was also mentioned to the jurors, with the judge saying “perceived failures” could not be used against the charged men.
Judge Smyth added: “Whether or not you find deficiencies in the police, all evidence has been fully tested before you.
“It is important you understand it is on the basis of evidence you have heard that you are sure of the defendants’ guilt.
“Your function is not to sit in judgment of the competency of the police or punish them for perceived failures... so do not let yourselves be distracted from that task.”
She directed jurors to consider whether memory lapses in consideration of the men and the complainant were “genuine” or if they were “simply a convenient excuse” to avoid explaining their behaviour.
Judge Smyth will continue to review the evidence today and possibly further this week before she charges the jury to decide the verdicts on the six counts.