Law and Rights
This morning, Mr Justice Saunders was faced with an application to discharge the jury in the "phone-hacking" trial. On Tuesday 24th June, the jury returned certain guilty verdicts against Mr Andy Coulson but there were other charges yet to be decided by the jury. Defendant Miss Rebekah Brooks was acquitted on all the charges against her. BBC News 24th June.
The Prime Minister - who had employed Mr Coulson at No 10 Downing Street - chose to make a statement about it being a misjudgment to have employed Mr Coulson. It was therefore no surprise that Mr Coulson's counsel sought the discharge of the jury. However, Saunders J decided not to do so for reasons stated here:
Ruling on application to discharge the jury in Coulson, Goodman and others.
Later, as events turned out,
the jury was unable to reach verdicts on the remaining counts against Mr Coulson and Mr Goodman. The judge discharged the jury and will announce his decision regarding whether there is to be a retrial at a later date.
The judge's ruling makes it clear that the Prime Minister was not the only politician to comment. The ruling is notable for the judge's praise for the particular jury. "Everyone who has watched the jury have been impressed with their dedication and their ability to concentrate on the evidence and follow directions of law. Our legal system is based on the premise that juries comply with directions of law given by the judge" - and later - "We underrate juries, and particularly this jury, at our peril."
It is also clear that social media such as Twitter and Facebook are causing the lawyers a great deal of concern. It seems that the use of Twitter was monitored and the judge presented regularly with "tweets" considered to be prejudicial. Precisely how this issue will develop is unclear but there will have to be greater trust in the ability of jurors to adhere to the directions of the judge and to discharge their oath conscientiously - (as this jury clearly did). The judge noted that Miss Brooks was acquitted despite prejudicial material appearing via the internet.
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Law and Rights
We underrate juries .... at our peril !
 |
| Saunders J |
The Prime Minister - who had employed Mr Coulson at No 10 Downing Street - chose to make a statement about it being a misjudgment to have employed Mr Coulson. It was therefore no surprise that Mr Coulson's counsel sought the discharge of the jury. However, Saunders J decided not to do so for reasons stated here:
Ruling on application to discharge the jury in Coulson, Goodman and others.
Later, as events turned out,
the jury was unable to reach verdicts on the remaining counts against Mr Coulson and Mr Goodman. The judge discharged the jury and will announce his decision regarding whether there is to be a retrial at a later date.
The judge's ruling makes it clear that the Prime Minister was not the only politician to comment. The ruling is notable for the judge's praise for the particular jury. "Everyone who has watched the jury have been impressed with their dedication and their ability to concentrate on the evidence and follow directions of law. Our legal system is based on the premise that juries comply with directions of law given by the judge" - and later - "We underrate juries, and particularly this jury, at our peril."
It is also clear that social media such as Twitter and Facebook are causing the lawyers a great deal of concern. It seems that the use of Twitter was monitored and the judge presented regularly with "tweets" considered to be prejudicial. Precisely how this issue will develop is unclear but there will have to be greater trust in the ability of jurors to adhere to the directions of the judge and to discharge their oath conscientiously - (as this jury clearly did). The judge noted that Miss Brooks was acquitted despite prejudicial material appearing via the internet.
- Sentencing - The Phone Hackers - Rolf Harris
It has been quite a day for sentencing. Sentences have been handed down in relation to very different forms of offending. First came the sentencing of five offenders convicted in relation to phone hacking - see the Sentencing Remarks of Mr Justice...
- Vincent Tabak And The Excluded Evidence
Vincent Tabak has been convicted of the murder, in December 2010, of Joanna Yeates. He was tried before Field J and a jury sitting at the Crown Court in Bristol. The jury convicted him by a 10 to 2 majority. Tabak had already pleaded...
- Mps Expenses Case: Judicial Ruling Favours Trial Before Impartial Jury
Law and Lawyers covered the MP's expenses case here. The trial judge, Saunders J, has ruled that no bar to a trial before judge and jury can be based on parliamentary privilege. Saunders J is reported as having said that there was no logical,...
- Nailed At Last .... Men Convicted At The First Non-jury Trial In The Crown Court
The four men - (Twomey, Blake, Hibberd and Cameron) - charged with a large-scale robbery committed at Heathrow in 2004 have been convicted by Mr Justice Treacy who heard the case without a jury. See Telegraph 31st March 2010 and the earlier post...
- Man On Trial For 2004 Armed Robbery Has Absconded
Peter Blake, a man on trial before Mr Justice Treacey, has absconded. He is one of 4 men standing trial together before a judge alone. The alleged offences date back to a robbery at Heathrow Airport in February 2004. See The Independent...