Jury recalled

Press, 31 August 1989, Page 19

Jury recalled

One of three men facing charges of aggravated robbery and alternative charges of intentionally causing grievous bodily harm was found not guilty by a High Court jury last evening. But his co-accused will face a new trial after the jury was unable to agree on a verdict after a 6y 2 - hour retirement. Mr Justice Holland discharged Mark Richard Whittaker, aged 28, a part-time fisherman.

Edison St Martin Rangi Smith, aged 25, unemployed, and Kira Hemopo, aged 28, a freezing worker, were remanded in custody until 9 a.m. tomorrow for a pre-trial hearing.

His Honour called the jury back to the court at 9.19 p.m. after they retired at 2.50 p.m.

He said he was conscious they had been

considering the evidence for more than six hours and that he had advised them a verdict must be unanimous.

His Honour told the jury he would accept unanimous verdicts on some charges only if that was the jury’s decision. If they were unable to agree on other charges they would be ruled no verdict.

“If there is no chance of a unanimous verdict on any charge, then unfortunately I will discharge you and there will be a new trial,” he said.

The jury retired briefly, then returned to the Court with the foreman announcing they had reached partial verdicts.

They found Whittaker not guilty on both charges and returned “no verdict” .decisions to the two joint charges against Smith and Hemopo.