Trial abandoned after two jurors approached

Press, 19 April 1989, Page 14

Trial abandoned after two jurors approached

A drug importation trial in the District Court at Christchurch was abandoned yesterday after it was discovered two jurors had been approached.

Detectives in the courtroom immediately took written statements from the jurors, a man and a woman, after the abandonment of the trial of Dean McArthur Keown, aged 35, a shop owner, and Murray James Ludemann, aged 34, a company director. Keown, represented by Mr Philip Hall, and Ludemann, represented by Mr Tony Garrett, faced trial on a charge of conspiring with three others to import more than 14,000 temgesic tablets into New Zealand.

The trial, which began on Monday, resumed at 10.05 a.m. yesterday with

an application by the senior Crown counsel, Mr Brent Stanaway, to see Judge Paterson in chambers.

Mr Stanaway and the defence lawyers saw the Judge in private. The two jurors were taken to the meeting.

The trial reconvened at 10.55 a.m. and Ludemann pleaded guilty. His counsel said the guilty plea resulted from the outcome of legal argument on Monday afternoon in the absence of the jury.

The Judge then told jurors of the abandonment.

“We have just had some discussions, counsel and myself, and we have interviewed two of your ranks about a comment that was passed to one jury person and an ap-

proach that was made by an outsider to another jury person yesterday.

“We are told that the facts of these comments and approaches have been communicated to you.

“We are quite satisfied that both members of the jury were not influenced by the remark and the approach, and conscientiously feel they could continue with their duty. “But it is absolutely vital for the jury system that there is seen to be no tainting by any outside influence at all. “It is deemed unwise that this trial should continue with you as the jury.”

Judge Paterson said the abandonment was through no fault of the jurors.

Keown was remanded on bail to Friday for ar-

rangements for a new trial date. Ludemann was remanded on bail to May' 2 for sentence.

Detectives immediately took statements from the two jurors in the courtroom. Three women were held in the adjoining waiting room for questioning and were released afterwards.

Detective Peter Boyd said afterwards that the police were seeking a woman for questioning over the two approaches. Both were, on Monday, the first involving a comment made to a female juror during the luncheon adjournment. The second was made to a male juror on the footpath after the jury was discharged for the day.

He would not disclose the nature of the conversations.