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From BBCi news website

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NWAS

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Date Posted: 20:32:21 10/17/02 Thu

A rape trial has collapsed after some of the jury members watched a darts match on television instead of considering a verdict.
Judge Paul Hoffman was forced to order a re-trail at York Crown Court after it was revealed that some of the 12-strong jury had not joined in part of the deliberations.

The eight men and four women were due to deliver a verdict on 19-year-old Phillip James Nicholas who is accused of raping a 27-year-old woman in her front garden.

The Crown Prosecution Service (CPS) has called the situation "frustrating" and criticised the jury.

This is extremely frustrating. The thing you have to consider is the witnesses we have brought to court

A spokeswoman for the Lord Chancellor's Department said on Saturday: "The trial did collapse yesterday at York as a result of the jurors who were watching television in the jury deliberation room.

"The judge decided it wasn't primarily because they were watching certain programmes but because he had asked them all to deliberate together.

"Some weren't involved in the deliberation proceedings and the judge felt he couldn't continue with the trial."

A CPS spokesman said: "This is extremely frustrating. The thing you have to consider is the witnesses we have brought to court.

"They have been inconvenienced, it is a traumatic experience giving evidence in court and they are most likely to have to go through it all again."

It is not known whether or not the alleged victim gave evidence during the original proceedings.

The situation came to light as the court prepared to restart proceedings after a lunchtime adjournment.

The jury foreman, who was questioned on exactly what had taken place in the jury deliberation room, confirmed that some members of the jury had watched the local news and the Embassy World Darts Championship.

The judge said his concern was not the programmes the jury had seen, but the fact parts of the case had been discussed while not all the jury members were present.

He described the situation as "very irregular", adding: "I have never come across such a case within 40 years of practice."

Television removed

York Crown Court is unusual in that there is only one room available for jury members.

It acts as both a jury waiting room and a deliberation room.

A television set had been put in the room to ease the boredom of waiting for a trial to start or during arduous legal arguments when the jury must wait outside the courtroom.

On this occasion, jurors were able to use the television during deliberation - a time when they should have no contact with the outside world.

The spokeswoman for the Lord Chancellor's Department added: "The television has been removed to prevent this ever happening again."

The cost to the taxpayer of the trial's collapse was believed to have cost more than �34,000.

The date for the retrial has been set for 7 May 2002.

<i>It's a national obsession!!</i>

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