Jury discharged for second time

Press, 10 March 1983, Page 5

Jury discharged for second time

PA Auckland The second jury in a drugs trial was discharged recently after a reporter sitting near jurors heard confidential discussions between counsel and the judge. The first jury in the trial was empanelled in the District Court at Auckland and discharged the same afternoon after the judge discussed problems with counsel in chambers.

The second jury was empanelled the next day.

The court was closed for much of that day, with the jury excluded, for legal argument to be dealt with. A “New Zealand Herald” reporter covering the case heard some words from counsel as they addressed the Judge and clearly heard the judge’s ruling. The reporter had been sitting. behind a screen at the back of the court, next to the open door of the jury room. She told counsel what she had heard and was later taken into chambers to tell the Judge. Before discharging the jury, Judge Mitchell said in court that there had been matters of legal argument to be dealt with about which he had given a ruling from the

Bench. "To some extent. I commented on some evidence which I said I was not prepared to admit in the trial,” he said.

The Judge said it had been pointed out to him afterwards that one or two members of the jury were at the back of the court behind the screen near a reporter.

“She told me she could hear every word I said,” said the Judge. The Judge said he could only assume that the two jurors could hear every word he said while they were standing there. “That means that they probably heard reference to evidence which I ruled inadmissible in trial.”

He discharged the jury and ordered that a new jury be empanelled on Monday.

The accused, Andrew Te Kanawa Parata, aged 36. has pleaded not guilty to a charge that on or about December 25. 1980, together with two others, he imported cannabis plant into New Zealand.

Mr Duncan Percy appeared for the Crown. Mr Peter Williams represented Parata.