Murder case jury retire due to toothache

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A Kiwi jury that were considering whether three men murdered a man last year retired early because one of them had toothache.
The jury were trying to decided if Ahmad Matlobyaygazwini, Tuale Fuimaono and Ali Rafiee were guilty of killing Bjorn Henderson in Aukland, New Zealand, on March 9 last year when one of them developed acute toothache.
NZ Hearld reported Justice Graham Lang explaining the circumstances when he said that the particular juror had required dental aid. As a result of this attention the jury’s deliberations had to be halted at one pm.
Prosecutors are arguing that the three men lured Mr Henderson to an Ellerslie-Panmure address. The lawyers say that the accused trio planned revenge upon Henderson who had allegedly assaulted and stole cash and drugs from Matlobyaygazwini three days before.
Fuimaono has already admitted hitting Henderson which caused injuries to the head, but is pleading guilty to manslaughter and not murder. He claims he did not plan to kill Henderson and denies involvement in any revenge plot.
Stuart Grieve, Fuimaono’s lawyer, said his client took a wooden plank from Henderson which the deceased had try to hit him with. Fuimaono then admits hitting Henderson back three times.
Matlobyaygazwini and Rafiee legal representatives claim that there is no evidence that the men made plans for revenge.
Henderson was left at Auckland Hospital around seven hours after the attack is said to have took place by another man, known to the parties. He was declared dead soon afterwards.
The jury begin their deliberations again tomorrow, hopefully toothache-free.
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