The judge is now summing up the historical sexual abuse trial of Arthur Allan Thomas.
Judge John Bergseng told the jury of eight men and four women “you must decide your verdicts solely on what you’ve heard in this court .. you are the judges of the fact”.
He warned jury members against making any inquiries of their own as the consequences are significant and “could result in a mistrial”.
Thomas is facing five historical charges – four of sexual assault and one of rape – brought by two female complainants.
The judge has told the jury that each charge must be considered separately with a focus on the evidence specific to each one.
Judge Bergseng also canvassed the historical nature of the charges telling the jury “there is no time limit on when this type of offending can come to court”.
However, he said there was a need for caution because the passage of time meant memories of some witnesses may have faded.
Judge Bergseng said this was not a criticism of the witnesses but an acknowledgement it was impossible to check some of their testimony.
As result, he said the jury would need to exercise caution in deciding how much weight should be placed on some evidence.
Judge Bergseng said the lengthy process meant Thomas had lost the ‘ability to call witnesses who could support his defence.”
The jury will retire to consider its verdict as soon as the judge has completed his summation of the case.
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