Jason De Ieso murder trial delayed as jury discharged over chair error

Jury members had already taken a seat before a procedural error was discovered at the opening of the trial of eight men charged with the murder of Jason De Ieso.

A prospective juror being recognised in court moments too late after taking a seat has delayed what is expected to be one of the state’s longest murder trials.

A 15-member jury was discharged on Monday afternoon due to a procedural error soon after being empaneled and just prior to hearing the prosecution opening in the trial of eight men charged with the murder of Jason De Ieso.

Mr De Ieso was gunned down at his Pooraka crash repair workshop in November 2012.

Each of the eight men charged has pleaded not guilty to his murder.

It took almost an hour and a half from 11.30am for the 15 jury members to be empaneled. They were then expected to begin hearing prosecutor Jim Pearce KC deliver his opening address from 2.45pm.

About an hour after that, Auxiliary Justice Brian Martin, who is presiding over the trial, told the members of the jury that were empaneled that they must be discharged.

He explained that a prospective juror who came into the court was about to be seated before they were recognised by a solicitor involved with the case.

Pooraka shooting murder victim Jason De Ieso.

“The identification of this person was a bit late,” he said.

“It appears that the juror... actually did take the seat.

“When the solicitor raised the issue, the juror quite quickly stood up.”

He said the incident amounted to an “incorrect process”, as any challenge to a prospective juror must be made before they are seated in the jury box.

“This process is what we call mandatory under the laws of South Australia,” Auxiliary Justice Martin said.

“It’s a fundamental feature of the jury system that the processes are followed to the letter. That’s what the law is.

“That means we cannot proceed with the current trial... we will be starting again.”

The eight accused men are: Husain Alzuain, 35, of Goodwood, Mohamed Alzuain, 31, of Mile End, Musa Ali Alzuain, 30, of St Morris, Daniel Mark Jalleh, 34, of Clovelly Park, Ross William Montgomery, 38, of Andrews Farm, Seywan Moradi, 36, of Walkley Heights, Kyle Lloyd Pryde, 34, of Adelaide and Nicholas Sianis, 36, of Beverley.

Each of the men are each alleged to be members, or closely associated with, the Hells Angels bikie gang.

At the time of the shooting, the Hells Angels were alleged to have been feuding with rival bikie gang, the Finks.

The trial, which is expected to last six months, is now expected to start on Wednesday when a new jury will be empaneled.