Jury given closing addresses in Bobby Bourke blackmail trial

That's what a 12-person jury has been asked to determine with respect to the actions of a former Bathurst mayor who is at the centre of an ongoing blackmail trial.

The jury in the matter of Robert "Bobby" William Bourke was given closing addresses by the Crown and defence on May 29, 2023 in Orange District Court about an anonymous letter that was sent to former Bathurst councillor Jacqueline Rudge in March 2020 demanding her resignation.

Bourke, who pleaded not guilty to misconduct in a public office and blackmail with intent to influence public duty, has maintained he did not know what was in the letter (which said people were aware of Ms Rudge's history of mental ill-health and she should stand down) until it was published in the Western Advocate.

But the court heard again, on day six of the trial, that Bourke told police he organised for the letter to be posted to Ms Rudge's home address at the request of his "mate" and campaign manager Darryl Leahey, who admitted to penning the note.

Crown prosecutor Paul Kerr began proceedings with just over an hour-long address which brought numerous elements to the jury's attention that surrounded Bourke's "arm's length" involvement.

"This wasn't a one man show, this was a joint enterprise between Darryl Leahey and Bobby Bourke to get rid of Jacqueline Rudge," Mr Kerr said.

"It was all about councillor Rudge being her own person and standing up for what she thought was best for the community.

"It's a very serious thing to write a threatening letter to a councilor. Does it merit criminal punishment? Yes, it does. They [Bourke and Leahey] hatched a plan to get rid of her.

"The Crown does not seek to paint Mr Bourke as an uncaring monster, he just lost his moral compass."

Defence barrister Peter Skinner said the jury had to consider whether a crime was committed by Bourke - given his role in public office - or if it was just a case of "nasty politics".

Mr Skinner then reminded the jury that the slightest of doubts should equate to an acquittal of both charges for his client.

"This is not a court of politics or morals," Mr Skinner said.

"What you see is what you get with this man. He has spent his whole life helping people and is of an impeccable character, which eight people came and said on Friday (May 26, 2023).

"Trying to expose someone's prior life because they decide to serve the public in a way ... none of that sticks on my client, especially when all of the evidence is running the other way.

"If you have a doubt, that means you can't convict. In judging your fellow man, you must acquit him of both counts."

Judge P Musgrave began to take the jury through the elements of the matter before it was laid to rest at 4pm, with her summary to continue at 10am on May 30.

"Continue with an open mind until I finish my summing up and then I'll ask for you to deliberate until you decide whether the accused is guilty or not guilty," Ms Musgrave said to the jury.