Robert Xie trial: Jury unable to reach unanimous verdict after eight days of deliberations

THE jury in the murder trial of Robert Xie has been told members can return a majority verdict of 11 to 1, after jurors told Justice Elizabeth Fullerton they remained unable to reach a unanimous verdict despite eight days of deliberating.

THE jury in the murder trial of Robert Xie has been told members can return a majority verdict of 11 to 1, after jurors today told Justice Elizabeth Fullerton they remained unable to reach a unanimous verdict despite eight days of deliberating.

Xie, 53, has denied bludgeoning to death his brother-in-law Min Lin, his wife Lilly Lin, their sons Henry and Terry and Lilly’s sister Irene in 2009.

Justice Fullerton called the jury back into the courtroom after 3pm after being told in a note for a second time today that they could not reach a unanimous verdict.

The jury in the Xie murder case has deliberated for eight days.

They asked the judge for instructions as to reaching a majority verdict.

“We have no reason to believe that with more discussions a unanimous verdict could be reached,” the note said.

Justice Fullerton told the jury of eight men and four women that they could return a majority verdict of 11 to 1 either guilty or not guilty to the five counts of murder.

The jury has retired again and it is now known whether they will continue to deliberate late today or end at the court’s usually closing time of 4pm.

Earlier, Justice Fullerton instructed them to continue their deliberations.

“While I have the power to discharge you from returning verdicts, that power will only be exercised by me if I’m satisfied that after further deliberations there’s no likelihood of genuine agreement being reached and verdicts returned,” she said this afternoon.

“It’s the experience of the criminal justice system that juries can often reach agreement if they are given more time to consider the issues.”

During the trial, Xie was accused of using a hammer-like object to inflict horrific head injuries on his newsagent brother-in-law and family.

Xie’s wife, Kathy Xie, the sister of Min Lin, has supported her husband in court every day of the six-month trial in the Supreme Court.

Robert Xie. Picture: John Grainger

Kathy Lin. Picture: Simon Bullard

It was Xie and his wife who found the five family members dead in their home after being called about Mr Lin not opening his Rawson St, Epping newsagency that Saturday morning.

The prosecution has alleged that Xie secretly sedated his wife so he could slip out of bed in their North Epping home around the corner from the Lins’ house and that he switched off the power and used his own key to get in.

Kathy Xie has given evidence she would have known if her husband had got out of bed.

It is also alleged that Xie told a fellow prisoner about how there was “no problem” with his wife on the night of the murders because she had been drugged.

Xie’s defence counsel has denied this was said and dismissed other taped conversations with the fellow prisoner as “jail talk”.

The prosecution has alleged that Xie was motivated by anger and jealousy because his brother-in-law was considered more successful than him.

Grieving grandparents Yang Fei Lin and his wife Feng Qing Zhu holding pictures of their dead grandchildren. Picture: Christian Gilles

A key piece of evidence according to the prosecution is a blood stain found about a year after the murders on the concrete floor of Xie’s garage which the prosecution alleges contained the DNA of four of the five victims.

Xie’s defence has challenged if the brown stain is even blood.

Justice Fullerton told jurors they must consider the opinions of their peers during deliberations, but reminded them they must reach a verdict that satisfies their genuine beliefs.

“If you are honestly and genuinely ... satisfied beyond reasonable doubt of the accused’s guilt, you cannot join in a verdict of not guilty,” she said.

“If you have a reasonable doubt of his guilt, you cannot join a verdict that finds the accused guilty.”