The jury in a burglary case must question whether or not they trust the evidence they have seen, a defence lawyer told them yesterday.

Marc Daniels said during his closing statement that the accusation against his client, Grayson Swan, was a case of mistaken identity made under a high-stress situation.

He told the Supreme Court: “His lordship knows that there are many cases where people have been wrongfully convicted because of mistaken identity.

“That is why you must scrutinise over the evidence.”

He added: “It is not our job to tell you the truth – that is up to you to decide.

“And in some cases, you may go back and say ‘I still don’t know the truth’.”

He added: “In cases like that, where there is even a modicum of reasonable doubt, you must say ‘we believe he’s not guilty’.”

Mr Swan, 20, from Warwick, has denied burglary and handling a firearm after an incident on May 8, 2020.

Two men have since pleaded guilty to their involvement in the burglary, in which the victim lost $8,000 in jewellery, including an “outlaw” pendant.

Mr Daniels reminded the jury that incident itself was a high-stress situation where the alleged victim, who cannot be named for legal reasons, only had seconds to recognise his attacker.

He acknowledged that the weather was clear at the time of the incident and that there was CCTV footage from The Hub on Middle Road, Warwick, where the incident took place.

But he added: “Just because it was a clear day doesn’t mean he had enough time to see his face while processing a very stressful situation.”

“This was a man who wasn’t thinking clearly. He was full of rage and he blanked out. That is who we are dealing with.”

He added that while it was possible that the alleged victim believed he was telling the truth, “we know that he is what was brandished on his chest – an outlaw”.

Adley Duncan, for the Crown, reminded the jury that Mr Swan knew the two men who admitted their involvement in the burglary and was close enough to have been involved.

He added that the alleged victim had a clear view of one of the burglars’ faces.

Mr Duncan pointed to the alleged victim’s familiarity with the defendant, whom he said he had known in passing for years.

He said that all of the evidence clearly pointed towards Mr Swan as the third man in the burglary.

The trial continues.

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