Trial move fails

By Kath Gannaway
THE trial of James Unamadu, the man accused of murdering Healesville grandmother Marea Yann, moved into its third week in the Supreme Court at Geelong yesterday (Monday).
Mrs Yann was killed in September 2003 in her Juliet Crescent home.
Mr Unamadu, 51, of Frankston South, Mrs Yann’s estranged son-in-law, was charged with the murder in February 2006 and on the second day of the hearing pleaded not guilty to the charge before Justice King.
A number of witnesses gave evidence, including Mrs Yann’s daughter and estranged wife of Mr Unamadu, Pauline Yann, her brother Jeffrey, Mrs Yann’s sisters Deanne Green and Carmella Sullivan, a Healesville work colleague, a neighbour and Mrs Yann’s gardener, who discovered the body, and Homicide Squad detectives Detective Sergeant Tim Day and Detective Senior Sergeant Ron Iddles.
In a surprise move on 6 February, defence lawyer Mr M. Rochford called for the trial to be adjourned and continued when it could be heard in Melbourne.
He said he was basing the request on a piece of evidence given by Mrs Green and on the physical layout of the courtroom. “As I stand here now, there are something in the order of 14 people immediately behind me who are relatives or appear to be relatives of the deceased lady,” he said. Their presence immediately in front of the jury, he said, gave the clear impression … “that they are here to see someone convicted of killing their relative”.
Mr Rochford said they had become a physical presence in the trial to the point where it impacted upon the ability of his client to get a fair trial.
If the trial were in Melbourne, he argued, they would be more likely to be in the public gallery.
Justice King refused the request, saying the jury’s job was not an emotional one, but an intellectual exercise.
The case is expected to finish within the four weeks allowed.