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'New material' sees jury discharged in Lin family murder trial The jury in the trial of the alleged Lin family murderer has been discharged following the emergence of "new material" which may "change the shape and content" of the case. Lian Bin "Robert" Xie, 50, is accused of creeping into the North Epping home of his brother-in-law, Min "Norman" Lin, in the early hours of July 18, 2009, and then murdering him and four members of his family. This included Min Lin's young sons, Terry, 9, and Henry, 12, his wife Lily Lin and his sister-in-law Irene Lin. Mr Xie has been on trial in the NSW Supreme Court over the murders for the past month. However on Tuesday Justice Peter Johnson discharged the jury. He said "further material" had been provided to the Crown in late May and given to the defence just over a week ago. Mr Xie's defence then applied for the jury to be discharged, Justice Johnson said - an application the prosecution did not oppose. The exact nature of the new material cannot be disclosed. However, Justice Johnson said it "may make a substantial difference to the trial of the accused". "The appropriate course is to discharge you as a jury," Justice Johnson said. "I am conscious that the trial has been on for a month and I'm conscious that there may be a sense of frustration among you. But I'm satisfied that the only appropriate course is to discharge you from the jury." Mr Xie bowed to the jury as they left the courtroom. (10/6/2014 Sydney Morning Herald) 審了一個月的滅門案今天解散陪審團，理由是有進一步的資料，而不是新證據。這些資料看來並非來自警方調查所得，因為法官的描述是 "further material" had been provided to the Crown in late May and given to the defence just over a week ago. 現階段只能靠估，最快也要到重審時控方開審陳詞才會看到。
這些進一步資料是甚麽呢？控方一個月前收到，三星期後才交給辯方，我相信是要核實資料的可靠性，而這些資料並非直接使被告入罪的證據(incriminating evidence)。本案自始至終都缺乏直接證據指證被告殺人，所有證據都靠推斷(inference)，把所有蛛絲馬跡炒作一碟，要求陪審團把被告定罪，控方也提供被告作案動機的理論，好讓陪審團受落。如果有直接證據，這理論就沒有那麽重要了。新的資料看來是改變了控方指被告殺人動機的理論，引進新資料呈堂，使辯方抗辯策畧也要修改。事情怎樣發展，不用很久就知了，重新選出陪審團後，就會知道這葫蘆在賣甚麽藥。
順帶一提，就算被告這次審訊後脫罪，他也可能繼續被檢控到定罪為止，我以前寫過兩篇新南威爾斯州一罪可以審完再審的文，有興趣可隨連結看一下：一罪兩審Double Jeopardy及一罪三審。 |
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