Jurors preparing to decide the fate of plumber Paul Bowell, accused of paralysing girlfriend Tracey Hurley, have been told to ignore their feelings and focus on the evidence.
Judge Thomas Longbotham, summing up evidence at Swindon Crown Court yesterday, said: "Put any feelings you have about Tracey Hurley, who is going to spend the rest of her life in a wheelchair with a young child, aside."
Bowell, 38, of Westminster Road, Toothill, denies causing grievous bodily harm and falsely imprisoning 25-year-old Hurley on May 5, 2002. Judge Longbotham said it was undisputed the mother-of-one left Bowell's car while it was moving. The question jurors had to consider was why she had done so, and what had caused her to take that step.
"There is a very substantial gulf between the evidence of Miss Hurley and Bowell," he said.
The prosecution has said Miss Hurley jumped out of the car to prevent Bowell from hurting her.
The defence has said Miss Hurley was drunk and misread the situation, exaggerating the threat and shifting the blame to him.
Judge Longbotham said that in order to find the defendant guilty on the GBH charge, jurors would have to be sure her injuries were a result of what Bowell said and did.
Earlier, for the prosecution, Nicholas O'Brien had told jurors: "Bowell knew he was responsible for her jumping out of the car."
But Marcus Tregilgas-Davey, defending, said Bowell plainly did not foresee it was going to happen.
"She has revisited what happened in her own mind and embellished it," he said.
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