This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/uk/2013/apr/19/newcastle-fan-removed-jury-sunderland-sex-case
The article has changed 8 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Newcastle fan pulled from Sunderland sex assault jury over prejudice | Newcastle fan pulled from Sunderland sex assault jury over prejudice |
| (about 1 hour later) | |
| A Newcastle football fan was removed from a sex assault trial jury after confessing he couldn't give someone from Sunderland 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 crown court. | |
| The unnamed juror is alleged to have called the defendant, David Blake, from Sunderland, 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. |
| A spokeswoman for the judiciary said on Friday: "I can confirm that the judge did discharge a juror. Because the trial was at a very early stage the judge then discharged the remaining 11 jurors and a new jury was empanelled. The juror had himself approached a member of court staff and made the comment which in the judge's view made him unsuitable to try the defendant." | |
| 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. | 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. |
| 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 jury. | |
| 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." |
| Blake will be sentenced next month but was warned to expect a prison term. | |
| The Geordie juror is not the only member of a jury to get in trouble this week. | |
| On Wednesday the attorney general announced a man called Kasim Davey would be prosecuted for contempt of court after allegedly writing on Facebook that he wanted to "fuck up a paedophile" during the trial of a convicted child sex offender. | |
| Davey was discharged as a juror in the trial in December when he wrote on Facebook: "Woooow I wasn't expecting to be in a jury Deciding a paedophile's fate, I've always wanted to Fuck up a paedophile & now I'm within the law!." | |
| He denied posting the message – which is in breach of laws on contempt of court – when initially questioned by the judge at Wood Green crown court in London. Davey was a juror at the trial of Adam Kephalas, a convicted child-sex offender who was given a suspended 12-month prison sentence in January this year. | |
| guardian.co.uk today is our daily snapshot of the top news stories, sent to your inbox at 8am | guardian.co.uk today is our daily snapshot of the top news stories, sent to your inbox at 8am |