Jury’s daylong deliberations will continue on Monday in the trial of Rajwinder Singh

The jury considering whether Rajwinder Singh is guilty or not guilty of the murder of Toyah Cordingley, 24, at Wangetti Beach on October 21, 2018, has retired to consider its verdict, seeking the answers from the judge to three questions during the course of their 6.5 hour deliberations so far.

Toyah Cordingley, 24, was killed on Wangetti Beach, north of Cairns, in October 2018, and on Monday a jury will resume its deliberations to decide if Rajwinder Singh, 40, is guilty or not guilty of her murder.Picture: Brendan Radke

The jury charged with deciding if Rajwinder Singh, 40, is guilty or not guilty of murdering Toyah Cordingley in 2018 has retired to consider its verdict.

Mr Singh, a former nurse from Innisfail, has pleaded not guilty to the charge that he murdered Ms Cordingley, 24, at Wangetti Beach on October 21, 2018.

More than 70 witnesses have been called and more than 110 exhibits tendered to the in the course of the 13-day trial.

The court has been told Ms Cordingley was stabbed more than 26 times and her throat was cut.

She was buried in a shallow sand grave just before or just after she died, the court was told during the course of the trial.

Her father, Troy Cordingley, uncovered his daughter’s foot in the sand as he searched for her at the beach, where her car had been parked since the day before, the court was told.

The spot on Wangetti Beach, where Ms Cordingley died in 2018, when the jury visited during the trial for a view of the scene. Picture: Brendan Radke

No witnesses saw the killing and the prosecution case relies on circumstantial evidence, mainly that DNA consistent with Mr Singh’s was found in Ms Cordingley’s “grave”, that Ms Cordingley’s phone followed a path similar to Ms Singh’s car after she was believed to have died, and also that Mr Singh “fled” to India the day Ms Cordingley’s body was found.

The defence has contended that there are a number of other reasonable “possible suspects” and that the jury could not be convinced on the evidence that Mr Singh was the only possible killer, drawing attention to unknown DNA at the murder scene and a mystery car.

During the trial, Crown Prosecutor Nathan Crane has presented evidence about the movements of a blue Alfa Romeo car, registered to Mr Singh.

The eight-man, four-woman jury began its deliberations at 9:55am Friday morning.

During six and a half hours of deliberations on Friday, the jury sought answers from presiding Justice James Henry on two occasions to three questions.

More than two hours into their deliberations, the jury gave a note to the judge saying that “after many hours of discussions” they were split in their opinions between guilty and not guilty, and wanted to know what they should do.

Justice Henry encouraged the jury to continue.

Defence barristers Brydie Bilic and Angus Edwards leave the Cairns Supreme Court as the jury deliberates in the murder trial of Rajwinder Singh, who has pleaded not guilty to the murder of Toyah Cordingley on Wangetti Beach north of Cairns on October 21, 2018. Picture: Brendan Radke

“Relative to the number of days of evidence in this trial, 2.5 hours is not particularly long … and is less than the time it took for me to sum up the case.

“In working towards your unanimous verdict, you should work cooperatively together, talking through your views of the issues in the case.

“You should be open minded, listening carefully to the views of all jurors in testing the pros and cons of any divergent views through tolerant and patient discussion.”

“In the circumstances, my answer to your question about how you should proceed, is that you should continue to deliberate.

The jury again sought answers after an additional two to three hours of deliberations.

They asked Justice Henry to clarify what the prosecutor said about the DNA evidence in his closing arguments, and whether or not the clothing taken and tested from Mr Singh’s home several weeks after Ms Cordingley’s death were the same ones he was wearing on the day of the killing.

The public gallery and media desk at the Cairns Supreme Court has been full during the 13 days of the trial of Rajwinder Singh, 40, who has pleaded not guilty to murdering Toyah Cordingley. On some days, a second courtroom has been opened as an “overflow” for media and community members, where the proceedings can be watched.

Justice Henry reminded the jury “about the state of the evidence”, referring them to CCTV footage of Mr Singh from earlier in the day, photographs of the clothing seized from the home, and evidence from the police officer who seized them.

He said he was unable to provide a transcript of the prosecutor’s closing address, but said the jury might benefit from a transcript of the evidence from Forensic Sciences Queensland team leader Rhys Parry, and New Zealand based senior forensic scientist, Jayshree Patel.

Justice Henry said that, although it was within his power to “lock up” the jury in a hotel while they deliberated to ensure they “did not separate”, he did not believe it was necessary if they followed his directions.

Justice Henry reiterated his instructions not to speak to others about the case or make their own inquiries, and added a condition that they not speak to one another about the case unless all members of the jury were present.

Having not come to a verdict before 4:30pm, the jury was allowed to go home and will return on Monday at 9:45am to continue deliberating.

Originally published as Jury’s daylong deliberations will continue on Monday in the trial of Rajwinder Singh