Judge tells jury of key piece of evidence

8:49am Saturday 16th February 2008

THE judge in the Jenny Nicholl murder trial has told the jury that the discovery of the teenager's portable stereo is a key piece of evidence.

Mr Justice Openshaw made the statement as he continued to sum up the evidence at the trial of father-of-two David Hodgson.

Mr Hodgson, 48, of Olav Road, Richmond, North Yorkshire, denies murdering Jenny on or about June 30, 2005.

The stereo was found hidden under water and leaves in an old tyre in the Sandbeck Plantation, near Richmond.

It was discovered by landowner Bryan Kassell as he tidied up a tip area of plantation in preparation for a search by police.

The judge told the jury: "If it was that Jenny left home on June 30 to live a life elsewhere, why should she not take the cassette player with her, and why should she leave it in that position?

"The hiding of the cassette player is of considerable importance."

Jenny's teddy bear was found several metres away at the same time.

The prosecution claims the items were hidden in the woodland by the defendant.

The judge reminded the jury that Mr Hodgson has denied concealing the items. Other items were found in the plantation.

The court heard that in January 2006, Ann Nicholl, Jenny's mother, found cosmetics and a nightdress she said belonged to her daughter.

The items were hidden under leaves near the entrance to the plantation, the court heard.

The judge said that no fingerprints could be taken from the items.

He said there was no forensic evidence to support the prosecution case that Jenny was dead or to implement the defendant in her killing.

He said there were many places where the body could be hidden nearby, but no body had been found.

The judge talked to the jury about witnesses who told the court they saw Jenny alive after she vanished.

He said that honest witnesses could be mistaken over identification and still sound convincing.

The jury will retire to consider its verdict once the judge has completed his summing up.

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