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Parachute trial jury fail to reach verdict forcing retrial of Emile Cilliers Parachute trial jury fail to reach verdict forcing retrial of Emile Cilliers
(about 1 month later)
Trial collapses of soldier charged with attempted murder of Victoria Cilliers by tampering with chute, as judge warns against bullying among jury
Haroon Siddique
Thu 23 Nov 2017 15.12 GMT
First published on Thu 23 Nov 2017 14.44 GMT
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The jury in the trial of an army sergeant accused of attempting to murder his wife by tampering with her parachute has been discharged after failing to reach verdicts.The jury in the trial of an army sergeant accused of attempting to murder his wife by tampering with her parachute has been discharged after failing to reach verdicts.
Emile Cilliers will face a retrial after the jury was dismissed on Thursday, a day after the judge warned its members against bullying among them.Emile Cilliers will face a retrial after the jury was dismissed on Thursday, a day after the judge warned its members against bullying among them.
Nine women and three men began deliberating the charges on Tuesday last week. But, on Wednesday this week, after discharging two female jurors on the grounds of stress-related illnesses, Mr Justice Sweeney told the remaining members: “Discussions by their nature will be exhausting. However, and obviously, all must remain within the proper bounds of discussion, and not amount to improper pressure or bullying.”Nine women and three men began deliberating the charges on Tuesday last week. But, on Wednesday this week, after discharging two female jurors on the grounds of stress-related illnesses, Mr Justice Sweeney told the remaining members: “Discussions by their nature will be exhausting. However, and obviously, all must remain within the proper bounds of discussion, and not amount to improper pressure or bullying.”
The judge reminded them of the importance of “mutual respect amongst members of the jury” after one jury member became ill on Tuesday, 90 minutes after Sweeney said he would accept majority verdicts, and another, the forewoman, was taken ill on Wednesday morning.The judge reminded them of the importance of “mutual respect amongst members of the jury” after one jury member became ill on Tuesday, 90 minutes after Sweeney said he would accept majority verdicts, and another, the forewoman, was taken ill on Wednesday morning.
In a further extraordinary turn of events at the start of proceedings on Thursday morning, before they were discharged, the jury publicly defended themselves.In a further extraordinary turn of events at the start of proceedings on Thursday morning, before they were discharged, the jury publicly defended themselves.
The remaining jurors produced a note saying that they had unanimously agreed among themselves that no bullying had taken place, adding: “After our dismissal for the day, a number of jurors were contacted by friends and family who became aware of press reporting implicating bullying. Collectively we feel we have had no opportunity to defend ourselves and our integrity which has further implications on us personally and professionally.”The remaining jurors produced a note saying that they had unanimously agreed among themselves that no bullying had taken place, adding: “After our dismissal for the day, a number of jurors were contacted by friends and family who became aware of press reporting implicating bullying. Collectively we feel we have had no opportunity to defend ourselves and our integrity which has further implications on us personally and professionally.”
Sweeney responded by saying his comments had not “suggested any bullying had been going on” but had been intended “to flush it out if it had”.Sweeney responded by saying his comments had not “suggested any bullying had been going on” but had been intended “to flush it out if it had”.
He told them: “Having to discharge jurors while they are deliberating for stress-related illnesses is very rare. It may happen at one end of the spectrum through sheer bad luck or at the other end of the spectrum it may happen because something has gone wrong with the way the deliberations were being conducted.He told them: “Having to discharge jurors while they are deliberating for stress-related illnesses is very rare. It may happen at one end of the spectrum through sheer bad luck or at the other end of the spectrum it may happen because something has gone wrong with the way the deliberations were being conducted.
“The law is clear that in these circumstances I had to make sure that it was not as a result of something having gone wrong, hence my direction to you yesterday afternoon.”“The law is clear that in these circumstances I had to make sure that it was not as a result of something having gone wrong, hence my direction to you yesterday afternoon.”
Dismissing the jury later, Sweeney said: “On behalf of the court I am extremely grateful for the work you have done and that has now come to an end.”Dismissing the jury later, Sweeney said: “On behalf of the court I am extremely grateful for the work you have done and that has now come to an end.”
Cilliers, of the Royal Army Physical Training Corps, was accused of two counts of attempting to murder Victoria Cilliers. He was also accused of one count of criminal damage to a gas valve, recklessly endangering life.Cilliers, of the Royal Army Physical Training Corps, was accused of two counts of attempting to murder Victoria Cilliers. He was also accused of one count of criminal damage to a gas valve, recklessly endangering life.
His wife, an experienced parachute instructor, sustained near-fatal injuries when she took part in a jump at the Army Parachute Association at Netheravon, Wiltshire, on Easter Sunday in 2015.His wife, an experienced parachute instructor, sustained near-fatal injuries when she took part in a jump at the Army Parachute Association at Netheravon, Wiltshire, on Easter Sunday in 2015.
Cilliers, wearing a grey suit, looked down at the floor as the decision to discharge the jury was announced. Sweeney released him on conditional bail until the retrial on the three counts, which he denies, is held. The retrial date was unconfirmed.Cilliers, wearing a grey suit, looked down at the floor as the decision to discharge the jury was announced. Sweeney released him on conditional bail until the retrial on the three counts, which he denies, is held. The retrial date was unconfirmed.
The judge told him: “I am going to continue your bail on precisely the same conditions as before. As you will be aware, if you were to breach any of those conditions you are liable to find yourself arrested and probably put into custody. Equally, if you were to fail to attend your retrial then it’s highly likely it will continue in your absence and your voice will not be heard.”The judge told him: “I am going to continue your bail on precisely the same conditions as before. As you will be aware, if you were to breach any of those conditions you are liable to find yourself arrested and probably put into custody. Equally, if you were to fail to attend your retrial then it’s highly likely it will continue in your absence and your voice will not be heard.”
• This article was amended on 24 November 2017 to clarify that the jury was comprised of nine women and three men.• This article was amended on 24 November 2017 to clarify that the jury was comprised of nine women and three men.
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