Jurors in the trial of two former friends accused of cutting down the much-loved tree at Sycamore Gap have been told they must consider the evidence “calmly and dispassionately”.
The prosecution says groundworker Daniel Graham, 39, and mechanic Adam Carruthers, 32, drove around for 40 minutes from the Carlisle area, during Storm Agnes, to fell the sycamore beside Hadrian’s Wall in September 2023.
Newcastle Crown Court has heard that the two defendants deny two counts each of criminal damage to the tree and the Roman wall, which was damaged when the sycamore crashed down.
Setting out her legal directions, Mrs Justice Lambert told the jury: “It is vitally important that during your deliberations, you consider the evidence calmly and dispassionately.
“You may feel yourself reacting emotionally to some of the evidence and feel sympathy for one side or the other.
“It is your duty, however, to put these emotions to one side and judge the case solely on the evidence.”
The judge said the prosecution’s case was that either of the defendants cut down the tree while the other filmed it.
Mrs Justice Lambert said: “In this case, the prosecution says that you can be sure that both defendants are guilty on both counts.
“One of the defendants chopped the tree down and caused damage to the wall and the other intentionally assisted and/or encouraged the other defendant by, for example, travelling with the other to the tree, assisting in carrying equipment from the car park and in filming the felling of the tree.”
The judge said both defendants deny they were involved.
Carruthers said he was staying at home in his caravan with his partner and their newborn baby.
Graham said he was at his home that night and while he accepted that his Range Rover was driven to the car park nearest to Sycamore Gap and his phone was used to film the tree being felled, he said his co-accused took both.
The judge said: “He says that there are a number of people, including Adam Carruthers, who knew that he would leave his car open with the keys in the ignition or behind the visor and that Adam Carruthers could gain access to his phone with the pin code.
“It was not him in the car and not him using the phone that night.”
The judge said the prosecution and defence will make closing speeches later and that there will be no more evidence at the trial.
The trial continues.