Closing submissions were presented by both counsels as the trial against the 21 year old former Tertiary student charged with the alleged murder of her new born baby came to an end yesterday afternoon.
Defence Counsel Aseri Vakaloloma told the three assessors when they deliberate they should consider that the accused, Maria Tawake went to the CWM hospital to deliver her baby on the 21st June, 2007 because she was in labour pain hoping she would be assisted.
Vakaloloma said her client had the first experience of her life and she was scared and in his submissions he told the court that the assessors must determine whether Tawake intended or planned to kill her baby.
He added that his client went to the hospital and not to a garage to deliver her baby as professional people were there.
Vakaloloma quoted the evidence given by Dr Sish Narayan from Saint Giles hospital where he confirmed that there was mental disorder and stress suffered by the accused during her delivery and there was no parental support.
Vakaloloma believes according to law, the offence is not murder.
Meanwhile State Prosecutor, Taina Leweni in her closing submissions said on the 21st of June, 2007 was the first and last day of the baby's life.
Leweni said whilst Maria gave birth to a baby girl in the toilet at CWM, she put baby in the bin and covered the bin with the newspaper and ran outside to catch a taxi.
Leweni told the assessors not to allow emotions from what they see in the courtroom however said they should analyze the evidence on the element whether Maria did an unlawful act that caused the death of her baby with malice actions.
Summing up will be heard tomorrow by high court judge, Justice Priyantha Fernando.
Story by: Tokasa Rainima
