Judge to decide if accused Claremont killer will face jury or judge trial


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Judge alone trials can be allowed if the trial is expected to be complex and/or lengthy, or if a jury member is at risk of being influenced by outside factors.


Judge alone trials have previously been approved in WA for high profile murder trials such as the prosecution of Lloyd Rayney, who was found not guilty, and the unrelated conviction of Francis Wark over the death of Hayley Dodd.


Under the Criminal Procedure Act 2004, when an application for a judge-alone trial is made by the prosecutor, the court must not make the order without the consent of the accused – meaning Mr Edwards can decline to be considered for a judge alone trial.


The murder trial is expected to take months, with more than one million pages of evidence submitted.


Provisional trial dates have been set aside from May 2019, but Mr Edwards’ lawyer has previously indicated the date may not be feasible.


Article source: http://www.espncricinfo.com/australia/content/story/1116545.html?CMP=OTC-RSS

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