Daniel Morcombe.
Daniel Morcombe. Contributed

Jury to begin second day of deliberations in Daniel case

6AM UPDATE: The six men and women tasked with deciding the fate of murder accused Brett Peter Cowan in the Daniel Morcombe murder trial will resume their deliberations on Thursday morning.

The jury retired to start their deliberations at 12.13pm on Wednesday but after several hours of discussions were allowed to go home.

Television crews were assembled outside the Brisbane Supreme Court as well as outside the memorial where Daniel disappeared in December 2003.

Bruce and Denise Morcombe are among those anxiously awaiting the verdict.

They are expected to make a short statement to the media once it is delivered.

Homicide detectives involved in the eight-year-long investigation were among those in the public gallery.

The three reserve jurors, who have spent the better part of five weeks in the case, were asked to step aside and the remaining 12 are now discussing the case.

Justice Roslyn Atkinson spent four hours on Tuesday and Wednesday summing up the case before releasing them.

The trial has so far gone for 18 days and involved hearing from 116 witnesses.

There were 218 exhibits tendered throughout the five weeks.

Earlier, the jury was told murder accused Brett Peter Cowan could have formed an intention to kill Daniel Morcombe in a matter of seconds.

Justice Atkinson told the 15 jurors Mr Cowan could have formed the intention to kill Daniel immediately before he grabbed him around the neck.

But she said if the jury found Mr Cowan did not intend to cause Daniel's death, could not have foreseen Daniel's death as a possible consequence of choking him or that an ordinary person could not have foreseen that consequence, then he could not be found guilty of murder.

Justice Atkinson told the jurors they must try to reach a unanimous verdict which meant they must all agree on whether Mr Cowan was guilty or not guilty.

Mr Cowan has pleaded not guilty to murdering, indecently dealing with and interfering with Daniel's corpse.

Justice Atkinson told jurors a question to witnesses in the trial was not evidence unless the witness accepted it.

"Even if you don't believe the denial there is still no evidence it's true," she said.

"You can accept all of what a witness said, some of it, or none of it."

Justice Atkinson pointed to convicted child sex offender Douglas Jackway denying any involvement in Daniel's disappearance and murder.

But she said the jury could take his criminal history into account when considering his credibility.

Justice Atkinson also pointed to Les McLean, who denied he told Mr Cowan where Daniel's remains could be found under cross-examination.

"There is no evidence Mr McLean ever said those things to Mr Cowan," he said.

Justice Atkinson told the jury it was Mr Cowan's right not to call evidence and it proved "nothing at all".

"He is entitled to insist the prosecution prove the case against him if it can," she said.

"The fact that he did not give evidence is not evidence against him.

"It can't be used to fill in any gaps in the evidence provided by the prosecution.

"You are not to engage in intuition or guessing."

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