Baby death judge warns jury

Carla-Nicole was 13 months old when she died

The judge in the trial of a couple accused of murdering a 13-month-old child has warned the jury against letting their emotions get the better of them.

Lord Abernethy was speaking during his summing up at the end of the trial at the High Court in Stonehaven.

Andrea Bone and Sandy McClure have both denied murdering Carla-Nicole Bone at a remote cottage in Aberdeenshire in May.

The jury was sent out to consider its verdict about 1330BST on Thursday and later adjourned considering its verdict until Friday.

Andrea Bone faces an unusual charge

The baby girl died in an Aberdeen hospital from severe head injuries.

The three-week trial heard evidence that Mr McClure struck her against a wall and knocked her head to the floor several times on the day she died.

Ms Bone, the child's mother, faces an unusual charge of murdering the baby by failing to protect her.

Lord Abernethy told the jury that he was presiding over a court of law, not a court of morals.

He said it was a case in which it would be all too easy for the jury to let their emotions run away with them, and they should not allow that to happen.

Willful intention

Although a young baby had died they should not feel that someone must pay for that, he said.

The judge spent some time instructing the jury on the definition of murder.

He said one of the definitions of that charge is a willful intention to kill.

He reminded the jury of police interview given by Sandy McClure after he was taken to the police station in which he said that the last thing on his mind was to kill the child.

Lord Abernethy asked the jury to consider carefully whether the prosecution had proved that what Mr McClure had done amounted to murder.

Diminished responsibility

Turning to the murder charge against Ms Bone, the judge said there was a legal duty on a parent to look after their child.

He said the jury had to consider whether her failure to perform her legal duty contributed to the murder of Carla-Nicole.

Lord Abernethy indicated that if the Crown had done everything to prove the charge then the jury could convict Ms Bone of murder.

But he said they also had he option of deciding she was guilty of culpable homicide with diminished responsibility.