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Baby JJ. - Source: ONE News -
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The jury deliberating in the Baby JJ murder case have returned to court to ask a question, after six hours of deliberations.
The question relates to the definition of "intent".
The judge has once again clarified points of law and given further direction to assist them reach a verdict.
The jury resumed its deliberations at the High Court in Auckland this morning, a year after the Auckland toddler died.
Joel Loffley, 29 declined to give evidence in his own defence against the charge that he murdered his two-year-old stepson JJ.
The jury retired to consider its verdict at 2pm yesterday after the judge summed up at the end of a two-and-a-half week trial. The jurors retired at 5pm.
The jury has spent five hours considering its verdict today.
Justice Keane yesterday told the jury to use common sense in considering a verdict and to carefully assess Lawrence's evidence.
During the trial the Crown claimed Loffley struck JJ on the morning of November 14, 2011 at their Orakei, Auckland, home while JJ's mother, Josephine Lawrence, was out of the house. Loffley denies the murder charge.
The Crown claimed JJ died from a blow so forceful his pancreas and liver split in two against his spine.
Prosecutor Phil Hamlin told the jury this week that Loffley's claim that JJ sustained his injuries from falling off the bed was a "big lie".
"A child may have fallen over but it's an invention, a construction to try to cover what was obviously wrong with the child," Hamlin said.
The Crown case closed last week with an interview Loffley gave police where he admitted to assaulting women and children.
In the interview with police before he was charged with baby JJ's murder, Loffley admitted kicking at least two children.
"Yes I did kick him up the ass and yes I did kick (deleted) up the ass... but you know, bro, it's better than what I used to get," he said in the videotape of the interview played to the court.
"I used to get smashed over with ashtrays and lighters and whatever my mum could get her hands on. I'm not saying that it's right."
He also admitted, briefly, to hitting baby JJ.
"Have you ever hit JJ, Joel?" the police asked. "No", he replied, then adding: "Yep, up the ass."
He then changed his story. "Nah, I sent him to time out."
"You sent him to time out? You didn't kick him up the ass?" the police asked.
"Nah, but I said I'm going to kick you up the ass, but I didn't kick him up the ass," Loffley said.
Defence lawyer Roger Chambers focused on JJ's mother Josephine Lawrence's behaviour, and said there was no clear or compelling evidence to prove the Crown's case.
"It is no more than a study of selective prosecution, imagination and far from overwhelming," Chambers told the court this week.