Juror tells of fears for his family after being followed
A juror who asked a County Court judge what safety measures were in place for jury members said he feared for the safety of his family because he was followed when deliberating on a trial.
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A juror has complained of being photographed and followed while deliberating on a trial for a Catholic brother facing child sex charges.
The man, known only as Juror 21, wrote to a County Court judge during a trial in August asking what safety measures were in place for jury members, saying he feared for the safety of his family.
In a decision published this month, the Court of Appeal said Juror 21 had alleged an associate of the accused took a picture of him in court.
He went on to claim the associate, approved to act as a support worker during the trial, later turned up in his residential street.
“(It is) highly likely that my train line is marked, car rego compromised, and it will be very easy to ultimately find my house,” Juror 21 wrote.
“Is it worth going forward? At stake: me, my wife and two lovely kids. This will be a classic example, ‘They know where I live’.
“I might need to withdraw as part of the jury. As much as I’d like to finish this case … and sad to waste time and all … I guess four lives are too much of a risk.”
The juror was ultimately discharged, and the brother convicted of a string of charges relating to cruel corporal punishment and historic sexual abuse against schoolchildren.
For legal reasons details of the case cannot be reported.
The Brother was sentenced to a minimum jail term of 10 years. But the Court of Appeal this month quashed his convictions and ordered a retrial for the elderly man.
It will be the fifth trial for the man, after three juries were unable to reach a verdict.
His lawyers appealed on the basis the entire jury should have been discharged, saying he suffered a substantial miscarriage of justice.
“I consider it likely that other jury members, had they become aware of the juror’s assertions, would have viewed them as products of his imagination,” Court of Appeal justice Terry Forrest said.
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“There is, however, a residual risk that some of the jury, had they become aware of Juror 21’s assertions, may have taken them seriously and drawn a connection adverse to the accused.”
Juror 21 had relayed his concerns to at least two other jurors, and a court official, but those concerns were not raised in open court for more than a week.
The Court of Appeal said that created an irregularity in the trial process that may have negatively impacted the outcome of the case.
The matter will return to court next year.