Coronavirus: Timothy Sexton case and alleged fraudster trial declare mistrials over COVID-19 pandemic as new jury trials suspended
The coronavirus crisis is causing chaos in the state’s courts, with two high-profile cases declared mistrials and others affected. No new District Court trials will begin until May.
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The teen sex trial of a top arts identity and a multimillion-dollar Federal conspiracy case have been abandoned as the state’s courts grapple with the COVID-19 pandemic.
On Monday, District Court Judge Geraldine Davison declared a mistrial in the case of Timothy Adrian Sexton, whose high-profile trial began last week.
Meanwhile, jurors set to decide the fates of alleged fraudsters Seang Heng, Nathan Sarinn and Nay Chy voted to abort that trial, which was entering its third week of evidence.
Late on Monday, District Court Chief Judge Michael Evans announced no new jurors would be called — and no new jury trials would begin — until May 1.
In the Sexton case, Judge Davison said the unprecedented circumstances made a mistrial necessary.
“Jurors sit side-by-side for long periods of time … they come from all walks of life and some may be subject to medical conditions we know nothing about,” she said.
“Some may have family members who are more susceptible than others to this condition.
“In the circumstances I have determined, regrettable as it is, a mistrial must be declared.”
Those trials will be relisted for hearing at a later date, after the pandemic, with all-new juries.
As they ended, other trials – including that of alleged poisoning murderer Wendie-Sue Dent – went on, with jurors observing strict safe distancing protocols.
In the Dent case, jurors have been moved out of the jury box to sit 1.5m apart in the public gallery, which has been closed to everyone except members of the news media.
The decisions about those ongoing cases came hours after the state’s Chief Justice, Chris Kourakis, announced all new jury trials would be suspended for at least 24 hours.
“A review will be undertaken to determine if jury trials can be run effectively whilst ensuring safe distancing … a decision will be made on Tuesday,” he said.
However, that decision was made before close of business on Monday.
He said the Magistrates Court would “continue as usual”, however urged all parties involved to consider the pandemic.
“All parties involved in general lists, criminal and civil, are asked to (have discussions) with one another seeking an adjournment,” he said.
“The court will facilitate (requests for) adjournments via telephone or email if all parties agree.”
Chief Justice Kourakis said he would “encourage” members of the public “not to attend because of the difficulties caused by close proximity”.
The announcement is in step with jurisdictions interstate – however, Victoria’s courts on Saturday cancelled all new jury trials indefinitely.
Prior to the announcement, the Supreme Court was hearing one ongoing trial – that of Dent – while the District Court was hearing five matters.
Three more trials were due to begin, however one of those defendants had already elected to proceed without a jury, and so their matter went ahead.
The final two matters, both District Court cases, did not begin.
Of the ongoing matters, two were declared mistrials, two will continue under safe distance protocols while the fate of two others has yet to be determined.
