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Newcastle fan pulled from Sunderland sex assault jury over prejudice | Newcastle fan pulled from Sunderland sex assault jury over prejudice |
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A Newcastle football fan was removed from a sex assault trial jury after confessing he couldn't give a Sunderland fan a fair trial so soon after Paolo di Canio's team beat Newcastle 3-0. | A Newcastle football fan was removed from a sex assault trial jury after confessing he couldn't give a Sunderland fan a fair trial so soon after Paolo di Canio's team beat Newcastle 3-0. |
The juror admitted his prejudice to court staff and was brought before Judge Penny Moreland at Newcastle Quayside crown court. | The juror admitted his prejudice to court staff and was brought before Judge Penny Moreland at Newcastle Quayside crown court. |
The unnamed juror is alleged to have called the defendant, Sunderland fan David Blake, a "Mackem rapist" 24 hours after the Tyne and Wear derby earlier this month that was followed by violent scenes from some fans. | |
As a result, before hearing any evidence from the witness box, he was removed from the panel. | As a result, before hearing any evidence from the witness box, he was removed from the panel. |
Jurors are given a clear warning by judges at the start of every case that they must try defendants on the evidence they hear in court and nothing else. | Jurors are given a clear warning by judges at the start of every case that they must try defendants on the evidence they hear in court and nothing else. |
Blake's trial was halted after half a day, meaning the victim, who was anxiously waiting to give evidence, faced a delay while a new jury was sworn in. | |
The juror has been told not to come back to court to complete his two weeks' service. | The juror has been told not to come back to court to complete his two weeks' service. |
As a result of the false start Blake's victim had to relive her ordeal by watching her video evidence twice as the prosecution's opening was repeated for a new juror. | |
Blake, from Sunderland, who had pleaded not guilty, was eventually found guilty of raping the woman – who had fallen asleep in a spare bed, alone, after a party at a flat. | Blake, from Sunderland, who had pleaded not guilty, was eventually found guilty of raping the woman – who had fallen asleep in a spare bed, alone, after a party at a flat. |
Prosecutor James Adkin told the court the 44-year-old attacker took advantage of his victim's drunk and sleeping state. | Prosecutor James Adkin told the court the 44-year-old attacker took advantage of his victim's drunk and sleeping state. |
Adkin said: "She woke up at about 8am and to her horror she realised the defendant was having sex with her. She immediately told him to get off." | Adkin said: "She woke up at about 8am and to her horror she realised the defendant was having sex with her. She immediately told him to get off." |
When his horrified victim contacted the police minutes after the attack, Blake told officers: "I started to kiss her, had sex with her, then she woke up." | When his horrified victim contacted the police minutes after the attack, Blake told officers: "I started to kiss her, had sex with her, then she woke up." |
He later denied confessing and claimed he had said "she was awake". | He later denied confessing and claimed he had said "she was awake". |
Jurors rejected Blake's claim the woman had performed a sex act on him while he was sleeping, which led to them having consensual sex when he woke up. | Jurors rejected Blake's claim the woman had performed a sex act on him while he was sleeping, which led to them having consensual sex when he woke up. |
Blake will be sentenced next month and was remanded in custody in the meantime. | Blake will be sentenced next month and was remanded in custody in the meantime. |
Moreland warned him: "I require a report from the probation service to assist with what risk you pose to others." | Moreland warned him: "I require a report from the probation service to assist with what risk you pose to others." |
The judge added: "The sentence is inevitable. He shall be remanded in custody." | The judge added: "The sentence is inevitable. He shall be remanded in custody." |
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