She referred to comments defence lawyer Berry Bryan had made that King, 64, was a “disgusting sodomite” and said the words used to describe King were vile because some people believe homosexuals do not have a right to life.
Hay told the 12-member jury that if a person made a particular choice (as to sexual preference), then other people could not decide if that person should live or die.
Sheldon Pusey, 25, a waiter and carpenter, has been on trial in the Home Circuit Court since January 19 for King’s murder. King was fatally stabbed and chopped between March 19 and 20 at his Waterloo Road, St Andrew, home.
Pusey said in his defence that he went to King’s house about a job and King was attempted to “rape” him and he stabbed him.
Hay advised that Pusey said he was not a homosexual but “if you accept the evidence that he was in under pants with another man who was in underpants or naked downstairs in a kitchen, then the jury could come to the view that Pusey was a homosexual”.
She also told the jury that if they accepted that King’s semen was on a towel on which Pusey’s blood was found, then “you can come to the view that Pusey was gay”.
She called on the jury not to have any bias because when the Crown opened its case they were told that King was a homosexual. She said Bryan in his address told them that King was a notorious homosexual.
She asked the jury to consider what Pusey was doing in King’s bedroom watching television and why was Pusey answering questions posed to him by a doctor in relation to how he got his nails to be so shiny.
In response to Berry’s comments that the prosecution had suppressed an important piece of evidence, particularly two knives which were taken from King’s house, Hay said the knives were not relevant to the case. She said all exhibits and documents were available to Bryan and if he wanted, he could have put the knives in evidence.
Hay asked the jury to consider the evidence which the prosecution put before them and return a true verdict.
The verdict will be given next week.