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  • advice re jury urgently required

    Hi all, long time lurker here, first time posting. Quick background- son accused of rape, nearly 3 yrs ago. Trial now underway. (possibly2days away from verdict) court adjourned last week. Son received friend request from random girl last week. Recognised as one of jurors daughters. Sure this is contempt, not sure how to proceed. Son concerned this info will stop the trial ( dont think he could wait any longer to have it over with) I am concerned if he doesnt report it, it will affect the verdict. Things are looking positive for him, and he doesn't want to rock the boat. Due back in court tomorrow. Anyone any suggestions? Many thanks

  • #2
    Hi

    Originally posted by alfie View Post
    Hi all, long time lurker here, first time posting. Quick background- son accused of rape, nearly 3 yrs ago. Trial now underway. (possibly2days away from verdict) court adjourned last week. Son received friend request from random girl last week. Recognised as one of jurors daughters. Sure this is contempt, not sure how to proceed. Son concerned this info will stop the trial ( dont think he could wait any longer to have it over with) I am concerned if he doesnt report it, it will affect the verdict. Things are looking positive for him, and he doesn't want to rock the boat. Due back in court tomorrow. Anyone any suggestions? Many thanks
    Sorry I'm no expert and you will receive better advice. Just wondering, did your son accept the friendship request? Even if he has it may be an idea to inform your legal representative if you haven't done so, to my mind this will be seen as a highly dubious action, but as I say I'm no expert. After 3 years your son must be desperate to get this over and done with. Glad to hear things are looking positive for you both. All the very best to you both!

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    • #3
      Hi, he did accept. He didn't realise the connection, thought she was a random add. On looking at her pics, there is her dad! I am certain he should report it. He has done nothing wrong, and having got to this stage in the trial, I want him to remain in the right legally, if that makes sense. After three years, this is all we needed.

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      • #4
        He has a duty to report this and if he does not and it's discovered (odd that the girl sent a friend request - possibly hoping to see his timeline?) he could get into trouble.

        If he had no idea she is the daughter of a juror that is one thing. But knowing it and continuing is another.

        If he is found guilty and he then uses this knowledge it might be a ground with which to appeal but then on the other hand, they are going to want to know why he did not report it immediately.

        At the end of the day this is his decision, but it could backfire if this comes out. He needs to tell his solicitor/barrister. If they fail to do anything then the onus is on them if/when it comes out later.
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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        • #5
          Hi

          Originally posted by alfie View Post
          Hi, he did accept. He didn't realise the connection, thought she was a random add. On looking at her pics, there is her dad! I am certain he should report it. He has done nothing wrong, and having got to this stage in the trial, I want him to remain in the right legally, if that makes sense. After three years, this is all we needed.
          So easily done, I had a friendship request and blindly accepted it after just looking at the christian name. Turns out I've never even met the guy. You'll get better advice, but off the top of my head if he has simply accepted the friendship request and not entered into any correspondence with her then reporting it is the way to go. If he keeps it to himself, it may be that that goes against him.
          I want to help but I'm a bit of a Manuel- may as well be from Barcelona! I'd tell your legal team and see what they say, but wait a bit you should get better advice if you stay on this forum.

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          • #6
            Hi

            Originally posted by jittery View Post
            So easily done, I had a friendship request and blindly accepted it after just looking at the christian name. Turns out I've never even met the guy. You'll get better advice, but off the top of my head if he has simply accepted the friendship request and not entered into any correspondence with her then reporting it is the way to go. If he keeps it to himself, it may be that that goes against him.
            I want to help but I'm a bit of a Manuel- may as well be from Barcelona! I'd tell your legal team and see what they say, but wait a bit you should get better advice if you stay on this forum.
            I've just noticed Rights Fighters comments, she's much better informed than me, I'll back out now you're getting genuine advice.
            Good luck

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            • #7
              Why on earth do people accept friend requests from people they do not know?!! Setting ythemselves up for a potential fall again.....
              People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

              PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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              • #8
                Rights fighter, I agree, I dint know why people do it either. However, he did, so no point having a go at him about it. I absolutely agree he should report it, and comments here have confirmed that belief. His worry is that after nearly 3 yrs, if the trial is stopped, we will have to go through the whole process again. Could someone advise on the likelihood of the trial being allowed to continue with one less juror? I believe this has happened in a few cases. Surely the judge would be keen to avoid a re trial? Esp this close to the verdict?

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                • #9
                  Do you know how many people are falsely accused of crimes after accepting friend requests from people they do not know? I've come across a few good few.

                  It is not for you to write my script.... I am aware of what the worry is in relation to the possibility of a potential retrial. Trials have continued after jurors have been released from duty, but that's usually during the early part of the trial. It seems that the verdict is imminent so possibly not - or if the juror is dropped then there may be an application for a retrial in any event.

                  I have already posted up advice with regards to what he should do and what the ramifications are if he does not. He really needs to speak with his solicitor and barrister about this.
                  People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                  PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                  Comment


                  • #10
                    Rights fighter, thank you for your succinct, if slightly patronising reply. Thank you also for answering my question re retrial.
                    I have advised my son accordingly, it is up to him as an adult to do what he will with that advice.
                    As we are un court tomorrow, I guess I should have another chat with him and try to persuade him to do the right thing. I do however understand his reluctance to mention this. Perhaps a talk with his solicitor in the morning would be advisable?

                    Ets- where did I attempt to 'write your script'? Not sure what you mean by this?
                    Last edited by alfie; 6 April 2015, 07:26 PM.

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                    • #11
                      Hi alfie,
                      Not sure if this helps as every casre is different. At my son's trial one of the jurors went off sick on the 2nd day. The trial continued without her. I think this is at the judge's discretion.

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                      • #12
                        Thanks, I have heard of cases where the trial has continued with a juror down. I'm thinking the judge would be reluctant to waste any more time or money than necessary on this case, but the uncertainty is horrendous. As many here will know, the lengthy wait to get to trial is awful, lives on hold and stress every day. Not sure we could cope if the proceedings were stopped because of this.

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                        • #13
                          I can understand that. What I'd be wondering (as RF has already mentioned ) is why this girl would have wanted to befriend him.
                          Jurors are not supposed to tell anyone anything about the case they're sitting on, not even family members. If he has told or asked his daughter to find things out about him, that's totally out of order as he may use this 2nd or 3rd hand interpreted information to try and sway the rest of the jurors his way.
                          It could also be pure co-incidence.

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                          • #14
                            Am quite sure it is no coincidence, his younger sister also received a request from this girl, but declined it. Neither of them know her, and they share no mutual friends with her. I think at the least, the father has spoken about the case,and at worst, he has asked his daughter to search my sons name and add him.

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                            • #15
                              Then I really think this should be reported. In the meantime, if he doesn't want to immediately un-friend her he can adjust his privacy settings so she only has access to a minimum of stuff.

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