Justice Anthony Whealy also said she should be acquitted if there is a reasonable possibility Lane handed the child over to another person.
He was addressing the New South Wales Supreme Court jury today at the trial of Lane, 35, who has pleaded not guilty to murdering two-day-old Tegan on September 14, 1996.
The former water polo champion told police she handed Tegan over to the baby’s natural father – whom she first named as Andrew Morris, then Andrew Norris – a man with whom she had a brief and secret affair.
The crown contend he is a fictitious person.
Justice Whealy told the jury the principal issues for trial could be “simply stated”.
Firstly, if there was a reasonable possibility Tegan was alive, the jurors must find Lane not guilty. RUBBISH, A CHILD JUST VANISHES, AFTER MASSIVE NATIONAL SEARCH/ OF COURSE NOT BECAUSE SHE IS DEAD
Secondly, she must be acquitted if there was a reasonable possibility she handed the child over to Tegan’s father, Andrew Norris; or to a person other than Norris who was the father; or to any other person.
So what is left, she killed her daughter, for being an inconvenience, that’s what
Thirdly, if the jurors were satisfied beyond reasonable doubt that Lane, by a deliberate act caused the death of Tegan and it was done with intent to kill her, she should be found guilty.
Despite the great volume of evidence and the length of the trial, “the issues are very stark and simple indeed”.
“The resolution of those issues is not an easy one for you,” he added, adding it required great care and caution.
The judge referred to evidence about Lane having two terminations, three secret pregnancies and adopting out two of those children.
“Perhaps they are not decisions you or I would have made,” he said, but he told the jurors they were not to pass moral judgment on Lane.
He was continuing his address to the jurors, who are expected to retire on Monday.