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Defence appeal to Angelika jurors | |
(about 6 hours later) | |
Jurors in the Angelika Kluk trial must find the courage to believe that a priest was involved in the Polish student's death, a defence lawyer said. | |
QC Donald Findlay said the Crown had failed to prove who had killed Miss Kluk and urged jurors to avoid a "catastrophic miscarriage of justice". | |
Mr Findlay's client, handyman Peter Tobin, 60, denies raping and murdering Miss Kluk in Glasgow last September. | |
Jurors are expected to start considering their verdicts on Friday. | |
During a four and a half hour closing address, Mr Findlay said that there had not been a microscopic fragment of evidence linking his client with the murder weapons - a knife and a table leg. | |
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 QC | |
Prosecutors, Mr Findlay also argued, had failed to demonstrate exactly when Angelika Kluk had been killed or when her body had been hidden. | |
Earlier the QC had appealed to the 15 jurors to consider all the evidence, not just bits of it as presented, he said, by the advocate depute. | |
Mr Findlay suggested it had been a strange and bizarre tale involving extraordinary characters less believeable than an episode of the television drama series Taggart. | |
The judge, Lord Menzies, began his direction to jury members on Thursday and will complete it on Friday morning, after which they will go out to discuss their verdicts. | |
'Obsession for murder' | |
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. |
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 women 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." |
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. | 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. |
Donald Findlay QC made his closing remarks at the Angelika trial | Donald Findlay QC made his closing remarks at the Angelika trial |
Mr Findlay said sometimes it was necessary to reach down deeply and find the courage to face the truth. | 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 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. | 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. | "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." | "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." | 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." |
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. |