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Defence sums up at Angelika trial Findlay appeal to Angelika jurors
(about 3 hours later)
Jurors in the Angelika Kluk trial must avoid a "catastrophic miscarriage of justice", a defence lawyer said.Jurors in the Angelika Kluk trial must avoid a "catastrophic miscarriage of justice", a defence lawyer said.
Defence QC Donald Findlay used his closing remarks to attack the prosecution's case. Defence QC Donald Findlay urged the jury to find the courage to believe that a priest was involved in the Polish student's death in Glasgow.
Mr Findlay said he wanted jurors to consider all the evidence, claiming that prosecutor Dorothy Bain had been selective in her closing speech.Mr Findlay said he wanted jurors to consider all the evidence, claiming that prosecutor Dorothy Bain had been selective in her closing speech.
Mr Findlay's client, Peter Tobin, 60, denies raping and murdering Ms Kluk and hiding her body under a church floor. Mr Findlay's client, Peter Tobin, 60, denies raping and murdering Ms Kluk.
Mr Findlay made his closing speech to the jury on the 24th day of the trial at the High Court in Edinburgh.Mr Findlay made his closing speech to the jury on the 24th day of the trial at the High Court in Edinburgh.
The lawyer said the prosecution's closing speech, asking the jury to convict Tobin, had been short and concise.The lawyer said the prosecution's closing speech, asking the jury to convict Tobin, had been short and concise.
You are not here as amateur detectives. You are here to look at the evidence the law has allowed to be presented to you Donald FindlayDefence QCYou are not here as amateur detectives. You are here to look at the evidence the law has allowed to be presented to you Donald FindlayDefence QC
He said: "The Crown chose to pick bits of evidence and present them to you. The Crown are entitled to ignore vast swathes of evidence - as they did."He said: "The Crown chose to pick bits of evidence and present them to you. The Crown are entitled to ignore vast swathes of evidence - as they did."
The lawyer told the eight woman and seven men that Tobin had denied murdering Angelika, 23, by his plea of not guilty. After that he had nothing to prove. The lawyer told the eight women and seven men that Tobin had denied murdering Angelika, 23, by his plea of not guilty. After that he had nothing to prove.
Mr Findlay said: "Is it my job to prove to you 'If it wasn't Peter Tobin who was it?' The answer to that is 'Certainly not'." Mr Findlay said: "Is it my job to prove to you 'If it wasn't Peter Tobin who was it?' The answer to that is 'Certainly not'.
"I do not intend to make any attempt to prove to you who did kill and murder Angelika.""I do not intend to make any attempt to prove to you who did kill and murder Angelika."
Mr Findlay added: "You are not here as amateur detectives. You are here to look at the evidence the law has allowed to be presented to you." The lawyer reminded jurors of evidence about St Patrick's priest, Father Gerry Nugent, 63, who told the court he had a sexual relationship with Angelika.
He warned against convicting Tobin simply because somebody must have done it. Donald Findlay QC made his closing remarks at the Angelika trial
He said: "To adopt that approach would be to bring about a catastrophic miscarriage of justice." Mr Findlay said sometimes it was necessary to reach down deeply and find the courage to face the truth.
He said that Father Gerry and alcoholic Matthew Spark-Egan seemed to know a lot about where and how the student's body was hidden, when he claimed they could not have learned it from any external source.
He added: "The fact is there is now clear evidence to entitle you to conclude that a man with an obsession for murder and a parish priest in the city of Glasgow were involved in the death of Angelika Kluk.
"We are asking you to do justice to two people - Angelika Kluk and Peter Tobin. In these courts we do try to do justice, to the dead and to the living.
"It is no justice for Angelika Kluk to convict somebody who should not be convicted."
Mr Findlay said: "You are not here as amateur detectives. You are here to look at the evidence the law has allowed to be presented to you."
Chapel houseChapel house
On Wednesday, advocate depute Dorothy Bain, prosecuting, told jurors there was a "powerful, compelling and overwhelming case against Peter Tobin".On Wednesday, advocate depute Dorothy Bain, prosecuting, told jurors there was a "powerful, compelling and overwhelming case against Peter Tobin".
The Polish student's body was found under the floor of St Patrick's Church in Anderston, Glasgow, last September.The Polish student's body was found under the floor of St Patrick's Church in Anderston, Glasgow, last September.
Ms Kluk, 23, had been staying at the chapel house attached to the church, and working as a cleaner to help finance her language studies in Gdansk. Ms Kluk, 23, had been staying at the chapel house attached to the church and working as a cleaner to help finance her language studies in Gdansk.
The trial continues.The trial continues.