A JUROR caused a trial to be deserted after looking up relevant information and sharing her findings with fellow jurors.
Malina Rush was fined £1000 at Glasgow Sheriff Court last week after she accepted being in contempt of court.
Sheriff Andrew Cubie revealed that in January 2023, during the final stages of a trial, it was drawn to his attention that Rush had accessed information on the internet.
The jurors were discharged from returning a verdict and it was decided that a new trial would take place.
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This means the witnesses, including a vulnerable witness, will have to give evidence on a second occasion.
When sentencing Rush, Sheriff Cubie told her: “The time of the other members of the jury, of the court, the witnesses and of the legal teams was wasted, and the public purse was put to additional unnecessary expense. The accused continues to have the matter hang over him.”
It was revealed that at the end of every court day, the jurors were reminded not to discuss matters with anyone, not to reach any conclusions, and not to investigate any matter relating to the trial.
Sheriff Cubie added: “You accepted looking up information on the internet. It was said to have been shared in the context of a light-hearted discussion about the quality of the jury lunches.
“But you knew perfectly well that you had been directed, along with the other members of the jury, in unequivocal terms, that you should not seek information about the case from the internet. You deliberately disobeyed the order.
“By undertaking the research, before any sharing of the information with your fellow jurors, you caused prejudice to the due administration of justice.
“This was because you obtained information of possible relevance to the trial which, although not brought out in evidence, might well have played its part in your verdict, bearing as it did on the reliability and credibility of a crown witness.
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“By disclosing that information to your fellow jurors, you further prejudiced the administration of justice.”
The sheriff went on to say: “You accepted the contempt immediately and you apologised immediately. It was clear as the process unfolded that you became aware of the seriousness of the situation, and I have no doubt that it will stay with you.
“I am satisfied that in the particular circumstances of the case it would not be appropriate to impose a period of imprisonment, so the matter will be marked by a substantial fine, a fine of £1000.”
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