‘You and I have separate functions. I will tell you the rules of law which you must apply and you will take these from me without question. The evidence, on the other hand, is a matter for you and you alone. You must decide which witnesses to accept and which to reject. You may accept a witness in whole, in part or not at all. Before you accept the evidence of a witness you must find him or her credible and reliable. Even a truthful witness may make a genuine mistake. If you reject a piece of testimony for any reason, just put it out of your mind.

‘It is your assessment of the evidence which counts, not mine and certainly not counsel’s. You have heard their addresses and the exchanges contained therein. If their submissions assist you, good and well. However, you should concentrate on facts, not rhetoric, clarity rather than hyperbole, common sense rather than flights of fancy.

‘There are certain fundamental rules which apply to this as to every other case. Let me deal with these now.

‘It is for the Crown to prove its case. The burden of proof is shouldered by the Crown throughout the trial and it is for the defence to prove nothing. The accused pleads alibi. He says he was elsewhere. He does not require to prove this.

‘The standard of proof is beyond reasonable doubt. This does not mean mathematical certainty. When you have considered the evidence, and thought about it carefully, if there is some matter of substance which makes you doubt the guilt of the accused, then the Crown has failed to discharge the burden of proof and you will acquit. If you have no such doubt, it is your duty to convict. Use your common sense. You will not be swayed by sentiment, revulsion or the prospect of punishment so improperly referred to by Mr Muirhead in his address. You must and will act as judges, judges of the facts.

‘You must find corroboration, evidence from two separate sources pointing to the guilt of the accused. There need not be two eye-witnesses. Murderers do not normally seek an audience. If you find two pieces of evidence which point to the guilt of the accused, beyond reasonable doubt, it is your duty to convict.

‘This does not apply to the accused. He need prove nothing and, of course, does require corroboration. If, in the whole body of evidence led by the Crown or the defence, there is material which causes you to have a reasonable doubt, you are entitled to acquit.