Nicola Woolcock
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They began with such good intentions: 12 men and women who wanted to consider the evidence of an alleged fertiliser bomb plot over six months to the best of their abilities. Thirteen months and £50 million later, the intensity and personal sacrifice of trying one of the longest and most expensive cases in history had taken its toll, according to one juror.
Michael Symes, 44, a computer consultant, has described to The Times the workings of the Old Bailey trial that finally ended this week.
Many of the group had begun to dislike each other intensely; some had become close friends, holiday partners and drinking pals; others had lost their jobs; and their marriages had suffered.
Mr Symes is the first juror to speak out and has explained how the seemingly never-ending trial had exacerbated friction between jurors and led to squabbles. The disclosure comes as the Attorney-General announced this week that he would examine the way in which the trial was conducted to see whether any lessons can be learnt.
Mr Symes said that some days were wasted by jurors faking illness or “taking the soft option” when offered an opportunity to finish early. The court also spent too much time pandering to the religious sensitivities of the accused during Ramadan, he suggested.
The claims will force a further reexamination of the court system, which has become beset by delays because of increasingly lengthy and costly terrorism cases.
The case was delayed repeatedly by sickness, technical problems, religious holidays and legal wrangles at huge expense to the public purse. The jury then took 27 days — a record — to deliver its verdicts.
On a personal level, Mr Symes said that his business had collapsed and that he had almost signed off with stress while during Britain’s longest terrorist trial. “I stuck it out for a year because I believed I was doing my duty, and I actually enjoyed the responsibility. But it was a jolly for a year for some people. That upset me at times,” he said.
The Old Bailey trial of seven alleged terrorists ran for 13 months — twice as long as predicted — even before the jury was sent out in March. They deliberated for a record time of 27 days, returning guilty verdicts against Omar Khyam and four other defendants.
Speaking from his semidetached house, Mr Symes said that he had to wind up his business as he was called for jury service just five months after setting it up. Throughout the trial he was paid at the rate he had been earning when his business was in its infancy, not what it could have been making when up and running. He is now earning nothing and said: “We’ve just been dropped [by the court]. Proper job applications weren’t possible until it was all over.”
The court compensates jurors by matching their salaries, up to a cap of £116.78 a day. After 200 days this upper limit rises to £200. But despite being hurt financially Mr Symes was enthusiastic from the start about his part in the case, and remains so.
The panel of five women and seven men, of all ages and backgrounds, was selected in February last year from 125 potential jurors. When told that the case was expected to last six months, most of those shortlisted tried to be excused. But Mr Symes wrote on his form: “It is my duty to serve.”
He said: “I had a really strong desire to be involved. I’d never been given any responsible position in life. I thought it was just nice to be in that situation, doing something really important.”
Some jury members used to go drinking after court, he claimed. Others became so close that they went on a sailing holiday together during one of the allocated breaks.
Mr Symes, who lives with his Russian wife Tatiana, a magazine journalist, said: “Most of them regularly went to the pub. I didn’t think it was appropriate. I felt they thought I was miserable but I wasn’t there to make friends.
“I went to the pub once — it didn’t make sense to me. They had barbecues and people went away on holiday, about four of them, on a boat. I think there will have been some good friendships out of it.”
As the trial progressed, and summer began, increasing numbers of days were lost to illness. Mr Symes said: “There was an awful lot of sickness early on — a Monday-or-Friday-off-sick situation. We did get sent home because some people said they were ill when they weren’t.
“If the judge gave us a choice, would we consider something now or tomorrow morning, we always went for the soft option. I didn’t like it.”
The jury sat from 10.30am to 4pm with an hour for lunch. Towards the end, they also had morning and afternoon cigarette breaks. The days became even shorter during Ramadan when the court sat for just 3½ hours a day because of concerns that the defendants would not be able to concentrate on evidence whilst fasting.
“The court was a bit too PC. I was amazed during Ramadan,” he said.
When not in Court 8 they were in a separate room with two kettles and a noticeboard on which was a list of “don’ts” (including leaning out of windows). Mobile phones were banned.
As the trial dragged on, rituals developed among the jurors and their demands becamse increasingly petty, Mr Symes said. “Some jurors moaned about almost everything — like if the court usher forgot to bring in the cold box from the bottom of the staff fridge for them to put their sandwiches in in the morning. Another time they asked for a toaster. I said, ‘Would you like armchairs as well?’ ” The toaster request was turned down on health and safety grounds.
The jurors were from a range of racial groups and classes. Inevitably, they occasionally came into conflict, he said. “There were personality clashes. I thought when it finished I was going to lay into some people but I let it go.”
The jury submitted more than 100 notes throughout the trial asking numerous questions, some of which Mr Symes described as obviously irrelevant. “I was embarrassed by the questions. People were asking too many, trying to show off, being attention seekers.”
Tensions came to a head in March when the jury retired to consider a verdict, and had to select a foreman. Four people put their names forward, including Mr Symes. Two then dropped out.
“The vote was 6-6 for both of us, then we had another vote and it was 7-5 against me. I completely lost it at that point. I swore and insulted them as a group. I was really stressed. I don’t know why I overreacted the way I did. It wasn’t anything personal.
“I went to the toilet and splashed water on my face. I don’t remember what happened after that. I went to see the court matron. I nearly got signed off and relieved of my duties.
“We all went home and I saw my doctor that Friday afternoon. I thought, ‘That’s it, finished’. He signed me off until Sunday. I spoke to the court clerk and said I wasn’t coming in on the Monday, but that morning I felt a lot better and changed my mind. I was fine with the others after that.”
What had at first seemed to be fascinating case soon had a dire effect on the lives of some jurors. Two lost their jobs; another was on benefits for a year because an offer of work fell through shortly before jury service began, Mr Symes said.
The jury took longer than any in history to return its verdict. Mr Symes said: “I don’t think it’s something to be proud of, that we lasted too long, but I think we did it very well.”
After returning their verdicts, the jurors were discharged and given back their mobile phones. Some called friends and were amazed to find out about the connection between some of the defendants and the July 7 bomb-ers Mohammad Sidique Khan and Shehzad Tanweer.
Mr Symes said: “It really took me by surprise and made me happier about the decisions. One juror rang someone to say we’d returned our verdicts only to be told, ‘Yes I’m watching it on the news’. When people found out [about the July 7 link] they said, ‘Oh my God!’ ” Some critics have said that juries should be told of any evidence that links defendants with known terrorists. But Mr Symes was pleased that the jury were not told of the July 7 links. “It’s probably best to be objective in evidence,” he said.
He found it frustrating and stressful not to be able to talk about the case with his wife. She said: “He was very aggressive for the whole year because he was frustrated. In the morning I did sandwiches for him as if he was going off to work. He was always exhausted after coming home.”
The couple produce a Russian/British magazine called From Russia With Love, but did not have the time to publish editions during the trial. They were also unable to afford a trip abroad, as all breaks coincided with the school holidays.
Mr Symes said: “There was no freedom to take random days off. There was a sense of your life being on hold. [What was worst was] just now knowing when it would come to an end. It stretched from six to eight, nine, ten months. It was very, very boring at times.”
But, despite the emotional and financial strain, he would like to serve again on a jury or work at the Old Bailey. “It’s a relief it’s over. I really wanted it to finish. At the end of it I said to a couple of people, ‘Have a nice life’ and that was it.
“I’d be tempted to sit in the public gallery of another case and I thought about getting a job at the Old Bailey doing computing. I’m a pedant — I believe a job is worth doing well and there were so many spelling mistakes in the evidence. I thought, ‘I could do this much better’.
“I still would have wanted to do it [jury service], even knowing about the finances. I’d definitely do it again. I’d like to be a full-time juror.
“It was fascinating — you get to see things you wouldn’t normally see. It’s the best job I ever had.”
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To John from Norwich: I'd avoid him, hands down. He sounds so dull!
SK, London,
If called for jury duty I would do whatever I could to get out of it, even as far as to fake illness or to get a few days for contempt of court.
I have no faith in the integrity of the courts. I have no desire to lose time and money (I have a young family and work 2 jobs, one commission based and still only just make ends meet) and judge others.
I do not believe in jail as a solution, other than for the worst of cases (as the one above is), and would not find it possible to convict anyone of a drugs offence.
And is it just me, or does this guy seem to be someone you'd avoid at dinner parties?
John, Norwich, UK
For all of the benefits that citizenship confers, your country asks only three things of you:
Defend the nation if attacked.
Participate in the political life of the nation by voting.
Guaranty the integrity of the justice system by serving on a jury.
For having done your duty, Mr. Symes, I salute you.
Peter Taber, Vero Beach, FL USA
Perhaps more use should be made of pensioners in jury trials? They have the time and a lot of experience.
I served as a juror at the Old Bailey in the 80's and feel that I handled the experience badly. I think a couple of days training in how to proceed, what to expect, rules of behaviour would have been very helpful.
Jonathan L, Tel-Aviv, Israel
Good article - nice to see that the bottom line is that the British Jury system (the system that Blair & Co would scrap) works!
I do think though that more must be done to adequately compensate those jurors who have a lot to loose through their service. It is not right that someone should loose out substantially when the state obliges them to render their services to it, and employers should be prevented from sacking any person on jury service, regardless of the length of their service. The state should compensate them too.
JonathanL, Newcastle, UK
I disgaree. I'm fascinated by this Juror's insight to the point where I want to know more. A whole year - plus - out of your everyday life! Nuts! Not sure I could have handled the intense relationships and pressure to agree? Ok, so 7 weeks seems ridiculous after such a long trial. No doubt the Jurors became somewhat institutionalised and petty with their demands. Still, they brought about justice which was their task.
KC, London, UK
I sat on a jury at Warwick Crown Court in 1983 and have really not had much faith in them since.
Some of my fellow jurors knew friends of the defendents and made it pretty obvious that they disliked them. Guilt by association may not be accepted in legal circles but it certainly was on that jury.
As the case progressed it turned out that one of the arresting officers was somone I had known for years. I made this known to the Clerk of the Court and over the course of the weekend the defendant concerned changed her plea from "not guilty" to "guilty". A coincidence no doubt.
Once we retired to the jury room to consider the evidence it was clear that most people just wanted to get off home and had not really taken in any of the scientific eveidence nor bothered to take any notes.
I would not be in the least surprised to find that guilty verdicts later overturned were mainly reached on warm sunny days.
Martin, Kingston-upon-Thames,
I was recently on a jury for a trial in Scotland (nothing so exciting as terrorism, however) and it was made very clear that discussing the trial at all afterwards was contempt of court - I presume the law must be different in England... or are the rules relaxed when the trial is one conducted in the glare of media attention?
Nick L, Stirling,
A year out of your life confined to ensuring a valid verdict is given must be stressful but you survived and held forth.
Well done and it was interesting to hear how the system treats a juror and the life day by day.
You only described the hurors ife not the verdict.
Rob Holloway, Vancouver Island,
In the 1970s I spent 2 weeks trying a catalogue company's window dresser for theft.
Her manager said she was entitled to keep all the shop-soiled clothes.
Several garments in evidence weren't even from any of
her employer's brands.
She was convicted by 10-2 "because the police wouldn't have prosecuted if they didn't think she was guilty".
The judge gave her two years suspended and she walked out free and in tears.
In the 1940s my dad sat on a murder jury.
The jury were sent out after lunch on a Friday. The foreman said "I have to catch a train at 4pm so we'd better be quick. I'm going to announce 'guilty'. Alright? OK let's go."
And that's how a man was hanged.
Gerard Mulholland, Paris, France
Fascinating - well done you for sticking it out. The principal of public service is not what it once was, but those were difficult circumstances.
I once overheard a juror on a train talking on his mobile phone and telling the whole carriage they had just delivered a verdict on the violent assault of an elderly man because it was a Friday and they wanted to go home.
Fox, SW London,
I am not surprised an ex-Crown Court clerk is uncomfortable that Mr Symes's comments have been published. They contain may home truths that I don't suppose he/she wants to hear. Discussing the details behind a verdict is rightly prohibited; but making court staff aware of the shambles over which they preside is not.
William White, Norwich,
Isn't this man breaking the law by talking of his jury service in this way?
Personally I am fascinated by it and think he should be allowed to reveal what actually took place in the jury room, but our legal masters have made sure, through the law, that this information is not revealed.
No doubt people will draw the wrong conclusions and argue against jury trials, but jury trials are fundamental to this country's traditions and freedoms and should not be threatened.
David Etherington, Hampton, United Kingdom
Fasting does not have to be done during Ramadan it can be deferred. Lets stop all this PC garbage and get on with trials that are costing us, the taxpayer, millions. From this story it is obvious why so much money is wasted through the legal system.
David Thijm, Stourbridge, UK
Noboby should be out of pocket doing jury service. The rates Mr Symes quotes are lower in the area I lived at the time I was called - about £300 per week maximum. I know a self-employed music teacher who lost about £900 in two weeks because of having to serve. I also lost about £200 in a similar period because I was doing contract work and could only rearrange part of it. I was one of only about 3 "professionals" in our group of 18; others had clearly found a way out.
I see no reason that a jury needs to be as big as 12. I suspect it is traditional and based on the 12 disciples, which is not logical. It would be better to have a smaller panel and use the cost saving to compensate people fairly, provide proper facilities, and ensure that anyone serving has the capacity to reason objectively. Most of the panel I met were unable to contribute much anyway. Some were very anti-Police and totally unable to be objective making it hard to achieve unanimous verdicts.
William White, Norwich,
10.30am to 4pm with fag breaks and an hour for lunch, plus regular Fridays and Mondays off due to sickies and school holidays too...."and he always came home exhausted".
Crikey, some people have it tough!
C Cabbage, Earnest, UK
The author refers to the seven "alleged" terrorists. I would say that after their conviction there is nothing "alleged" about it.
M Walsh, Chicago, USA
Jury trial whilst clearly in the best interests of justice - seems to be way too expensive. I think it would be better to cut the number of jurors to somewhere between 3 and 7 depending on the coplexity of the crime and the severity of the punishment being offered.
Alex, London,
Probably all this will do is open up grounds for the defence to appeal, and get their clients freed.
Doug, Glasgow,
I carried out Jury service a number of years ago and agree with the above comments regarding the diverse cross section of jurors. Whilst this in itself is a good thing as you don't get a one sided view of the trial it did lead to some confrontations within the group. Indeed such was the mixture of the jurors that one of the gentleman was actually a known alcoholic that used to hang out at the botton of Guildford High Street. He lasted two day bless him and did try his hardest to be sober but on the third day he arrived smashed out of his head, wet himself and had to be removed from the trial. Other characters included, ladies who lunch that didn't want to be there at all and used to moan about everything plus one guy who used to spend the lunch breaks in the toilets smoking pot! It makes you wonder whether you want people like this making a decision about your alledged crime and yes it does put a strain on your job and home life and the amount of time and money wasted is a joke.
Mike Jones, Farnborough, Hampshire
In my day as a clerk of the Crown Court Mr Symes's comments and your publishing them would have been contempt of court.
Times have changed and not for the better.
Supplied elsewhere, England,
Oh dear another moth attracted to lime light.
Steve P, Leeds, England
Perhaps Mr Symes might consider becoming a Magistrate ?
Jay, London,