Ewen MacDonald Trial

To note that calling his wife and sisters-in-law to give evidence up to 5 different times throughout the duration of the trial is fairly unprecedented. I recall this being used in the Bain trail with some police officers, where it might be argued that it was used to lessen the effect in the juror's mind of what the police said on the first occasion under cross examination as compared to less telling cross examination later on less searching evidence.

In the MacDonald trial however, it is possible to view the chronological order of evidence as reinforcing the women's apparent distress in a way that it could be argued was intended to impact a greater impression on the Jury dis favourable to the defendant. This impression is heightened by reports that the two women enter and exit the court by a different door when they are to give evidence, in so doing they avoid walking past MacDonald I think it is. These reports speak about lack of eye contact and so forth, MacDonald keeping his head down. It's a worry that these impressions are potentially brought into the Court room when they could be avoided. Not only is there the stress on the 2 women, but the 'reminders' to the Jury throughout the trial of their understandable distress and the potential impression they feel 'unsafe' walking past MacDonald or are in fact are unsafe being created in the Jury's mind. The continued exposure, and apparent 'distance' between the individuals could lead to the concept that the women somehow 'know' more than what they are allowed or are giving evidence about - another concern, particularly where it must be considered the different approach jurors might bring to their tasks and what impressions might have been made on them in the Court room.

Added to the fact that it was some extended period time, and after Ewen McDonald's arrest, that his father-in-law corrected his version he told the police at the outset as to where the shotgun 'possibly' used in the murder had been kept. I trust Greg King and the Court will be mindful of both situations at the time of summing up. The danger is that Ewen McDonald has acknowledged some form of intimidation against that part of his family before the shooting, that could merely be the answer to the apparent chill in the relationship, but whatever the case, the entire family are entitled to the truth and a fair trial with crisp lines of evidence which avoid innuendo, emotion, hate or pity.