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If you believe the defence of coma which apparently
was as great a surprise to accused's counsel as it was to me,
because Mr. Macnamara never asked any question touching
the possibility of such a state, then of course he will be
not guilty, he will be a mere robot performing a dangerous
role in complete unconsciousness. But I warn you again
that none of the doctors have told us that such a thing had
ever been heard of.
On the issue of the cause of death I cannot add more
than I have already said when quoting Justice Maule who was
not convinced by the defence in the case of lock-jaw due
primarily to the patient's own obstinacy in hot having an
operation. When you remember how well settled is this
principle of law Mr. Macnamara's argument will not impress
you any more favourably than it did Mr. Justice Maule,
•
I repeat it is not the law, has never been the law and I
trust will never be the law I repeat, if you have any
reasonable doubt in your minds it is your bounden duty to
say the Frosecution have done all that they could but they
have not fulfilled their task and have not brought guilt
home and I must give the benefit of the doubt to the
accused.
There is no question of a majority verdict here. You
must be unanimous and I trust it will not take you long to
arrive at a verdict, and unless there is anything counsel
desire me to add to you, I will ask you to consider your
verdict.
Jury retire and consider verdict and return with
verdict of Guilty of Murder.
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