11 Nov 2009

Jury retires for evening in Burton trial

7:37 pm on 11 November 2009

A High Court jury considering its verdict in the trial of high profile inmate Graeme Burton has retired for the evening.

Burton, 38, is charged with the attempted murder of fellow inmate Dwayne Marsh at Auckland Prison in December last year.

The jury retired shortly after 10am on Wednesday and has since returned three times to ask several questions about the case.

Less than an hour into its deliberations, the jury asked to review CCTV footage of the attack, showing Graeme Burton entering Dwayne Marsh's cell and chasing the inmate around their cell block brandishing a weapon in each hand.

In the afternoon the jury requested a closer look at a blood-stained T-shirt, worn by Marsh during the attack. Jury members returned again with several questions, and asked to see the CCTV footage again.

Judge Randerson suggested jury members go home for the evening and review the CCTV footage on Thursday.

Deliberations will resume at 9am.

Before the jury retired, Justice Randerson told members they must set aside any previous knowledge of the accused.

He said prisoners must be treated the same as anyone else.

The Crown says Burton attacked Marsh in one of the maximum security wings at the prison and stabbed him at least seven times with a 31cm stainless steel rod with a sharpened end.

The defence concedes the attack did take place, but says the Crown has failed to prove Burton intended to kill Marsh.