Nwicker60
11-Feb-14, 20:33
Man caught napping in Wick court case
THE jury’s role in a trial is to listen intently to all the evidence, weight it up and deliver their verdicts.
But in an assault trial at Wick Sheriff Court, last week, not all the jurors were paying attention to the prosecution witnesses as the story of the incident outside the Waterfront nightclub, unfolded.
One juror appeared to be tired and at times his eyes were closed and it was spotted by Sheriff Andrew Berry who discharged him leaving his 14 companions to carry on.
The rare happening occurred at the start of the second day of the trial when Sheriff Berry made a statement from the bench in the absence of the jury.
He said that he had adjourned the case earlier the previous day, Tuesday as he had noticed that the juror appeared to be drowsy “to say the least” and the same situation had arisen at the resumption of the evidence the following day.
Expressing concern, Sheriff Berry said he wanted to give the four solicitors appearing for the four accused an opportunity to consider matters. He added he was concerned and didn’t feel it was appropriate, making the point that the juror in question might have less to contribute to the jury’s deliberations prior to their verdicts.
The four solicitors present, indicated they had no objection.
The juror left the jury room and was address by Sheriff Berry who told him: “I think it would be appropriate that you take no further part in these proceedings and you are now free to leave. I am satisfied yesterday that you seemed to be asleep and the same thing occurred again this morning. There could be a very good reason for that.”
The sheriff said that the remaining jurors should not be aware of the reason behind the discharge and directed the press not to report the incident meantime. The restriction was lifted after the not guilty verdicts were returned on Friday.
THE jury’s role in a trial is to listen intently to all the evidence, weight it up and deliver their verdicts.
But in an assault trial at Wick Sheriff Court, last week, not all the jurors were paying attention to the prosecution witnesses as the story of the incident outside the Waterfront nightclub, unfolded.
One juror appeared to be tired and at times his eyes were closed and it was spotted by Sheriff Andrew Berry who discharged him leaving his 14 companions to carry on.
The rare happening occurred at the start of the second day of the trial when Sheriff Berry made a statement from the bench in the absence of the jury.
He said that he had adjourned the case earlier the previous day, Tuesday as he had noticed that the juror appeared to be drowsy “to say the least” and the same situation had arisen at the resumption of the evidence the following day.
Expressing concern, Sheriff Berry said he wanted to give the four solicitors appearing for the four accused an opportunity to consider matters. He added he was concerned and didn’t feel it was appropriate, making the point that the juror in question might have less to contribute to the jury’s deliberations prior to their verdicts.
The four solicitors present, indicated they had no objection.
The juror left the jury room and was address by Sheriff Berry who told him: “I think it would be appropriate that you take no further part in these proceedings and you are now free to leave. I am satisfied yesterday that you seemed to be asleep and the same thing occurred again this morning. There could be a very good reason for that.”
The sheriff said that the remaining jurors should not be aware of the reason behind the discharge and directed the press not to report the incident meantime. The restriction was lifted after the not guilty verdicts were returned on Friday.