The death of teenager Marie Davis was "plainly a tragedy" but the only proper and safe verdicts were not guilty, the defence contended in its closing address in the trial of Dean Stewart Cameron on charges of murder and rape.
"This is plainly a tragedy," said defence counsel Frank Hogan. "But tragedy is not relieved by an unjust verdict. The net result to the community is worse than before."
He said the finding of a bundle of bedding in the Waimakariri River by two boys on April 14 had major implications for Cameron, a 39-year-old road worker who has denied the charges during the 15-day trial.
The Crown said the body of the 15-year-old must have floated free from the bundle of bedding when the bundle was prodded by sticks the boys held as they tried to get it out of the river.
But Mr Hogan said what the defence believed was that there had been no body in the bundle, and the boys had not seen it. The body was found downstream two days later.
The defence has raised the possibility that Marie went into the river accidentally, or by suicide, after a sexual encounter on the riverbank.
He said life had its challenges for this young woman. The jury would have several pages of her diary to examine as exhibits when they retired to consider their verdict.
He asked the jury to consider whether there had been a homicide and if there had been, whether the Crown had proved Cameron was responsible. He then asked them to consider whether there been non-consensual sex, and whether Cameron was responsible.
He said Cameron must have been mistaken when he said that he had never been to Marie's house because spots of his blood had been found on the floor, but there was no evidence of an altercation, disturbance, or assault in the house. There had been no evidence connecting her to Cameron's car which the Crown said was used to transport her body.
Justice Lester Chisholm was due to begin his summing up at 1.15pm before sending the jury out to consider its verdicts.
