HAYLEY MURDER TRIAL: THE jury were warned not to allow their horror at the killing of Hayley Richards to cloud their judgement when considering the evidence against Hugo Quintas.
Summing up the case at Bristol Crown Court on Tuesday Mr Justice Owen told the jury of seven women and five men it was essential they did not allow the facts to be distorted by emotion.
He reminded them Quintas had admitted killing Miss Richards but had pleaded not guilty of murder by reason of provocation. Mr Justice Owen said: "A person is provoked if he is caused suddenly and temporarily to lose self control by things said or done rather than by just his own temper.
"You must firstly consider whether Hayley Richards said or did things to provoke Hugo Quintas. "The facts alleged are that in the context of a stormy relationship Hayley told the defendant that she had slept with another man, repeated it and was smiling in a way that he knew intended to provoke. If you are sure he was not provoked in that sense the defence does not arise and the defendant is guilty of murder."
Mr Justice Owen went on to say if they did believe what she said to be provocation they must then consider whether it was enough to make him lose his self-control.
If it was, he said they must apply the final test of whether a person of the defendant's sex and age would react in the way he did. If not, he told the jury, they must find the defendant guilty of murder.
In the case against Joaquim Da Cunha Mr Justice Owen said in order to find him guilty the jury had to believe he had committed one or more of five accusations amounting to attempting to pervert the course of justice.
These were cleaning the Quintas' Seymour Court home, washing clothes belonging to Quintas, assisting Quintas to leave the country by accompanying him to Bristol Airport, falsely telling witnesses Quintas had gone to Heathrow and lying about the clothes Quintas was wearing.
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