The jury in the trial of George Gwaze, accused of murdering his 10-year-old niece, have been sent home to return tomorrow for a third day of deliberations.
After two days behind closed doors considering their decision, interrupted by a weekend off and even an earthquake, the jury still cannot decide whether the 60-year-old Zimbabwean vet sexually violated and murdered Charlene Makaza.
The seven men and five women considered their verdict for almost six hours on Friday and another seven hours today.
They are deciding on evidence heard during a four-week retrial at the High Court in Christchurch.
Gwaze denies one count of murder and two charges of sexual violation of HIV positive Charlene at their family home in Christchurch in January 2007.
This morning, jury members asked Justice Christine French for advice on what to do if they could not reach a majority decision.
She urged the jury to keep trying for a unanimous verdict.
But if they agreed as a group that a unanimous decision was not probable, then it was possible for them to try to reach a majority verdict which 11 of the 12 could agree on, Justice French said.
She also reminded them about the burden of standard of proof, beyond reasonable doubt.
The Crown alleges that Charlene, who had HIV, was sexually attacked and suffocated by her uncle.
The defence claimed she had HIV which she had carried since birth, and that was what killed her.
