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  issue 208








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Lex Wotton outside the Brisbane District Court, with grandaughter Tianiwa. The jury has retired to consider its verdict.

LEX WOTTON TRIAL: Jury retires as Wotton supporters rally
Thursday, 16 October 2008

By Chris Graham
IN BRISBANE

NATIONAL, October 23, 2008: The jury presiding over the trial of accused Palm Island rioter Lex Wotton has retired to consider its verdict. Mr Wotton is charged with rioting with destruction, an offence which carries a term of up to life in prison.

The uprising followed the November 2004 death in custody of Mulrunji Doomadgee in the Palm Island police station.

The trial has been underway for two and a half weeks in the Brisbane District Court, before Judge Michael Shanahan.

The court this morning heard the final summation by Judge Shanahan of the evidence that's been presented in the case.

It's a complex trial - the Crown must prove that Mr Wotton was part of a 'riotous assembly' and that he either personally destroyed either the Palm Island police station and courthouse, a police residence or a police car, or that he encouraged others to do so.

Throughout the trial, there's been a core group of about 20 Lex Wotton supporters. Many of them arrived at court today draped in the red, yellow and black Aboriginal colours. Mr Wotton, too, is dressed in a suit with a red tie and yellow shirt.

His family has been with him throughout the trial, including his sisters Agnes Jnr and Fleur, his mother Agnes, plus his partner Cecelia, children Nazine, Albert, Billo and Schanara, his daughter-in-law Munyaney, and his grandchildren Tamiera and Tianiwa.

They all now face a nervous wait while the jury considers its verdict.

It's a complex trial, but it's anyone's guess how long the jury may retire for. Judge Shanahan has already indicated that if the jury continues its deliberations into the evening, it will be sequestered for the night - an unusual practice these days, but one Judge Shanahan deemed necessary given the nature of the trial.

The jury may also return at any stage to seek directions from the judge on matters of law or evidence. In addition to this, video footage of the riots has been kept out of the jury room, on the grounds that jurors may rely too heavily on it in their deliberations.

If they wish to re-watch the footage, they must re-enter the court and have it played to them.

In the meantime, Mr Wotton's bail has been continued, but 'enlarged' - he must stay within the precinct of the Brisbane District Court (with the exception of meal break times) until the jury returns.

• NIT will bring you updates throughout the day.





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