HOWZAT

The application for a judge-only trial came after the collapse last year of the case before Judge Roberts, QC, after a trial of more than six months. As the decision over a judge-only trial involved important matters of public policy, he referred it to a senior judge.

In March this year it was considered by Mr Justice Calvert-Smith, who looked at two options with varying levels of juror protection for what would be a six-month trial: the more intensive would have cost about £6 million and required at least 82 police officers to be removed from their normal duties. The second would have cost £1.5 million and have required at least 32 police officers.

Mr Justice Calvert-Smith held that there was evidence of a “real and present danger” that jury tampering would take place at the trial and that the risk would remain throughout the trial. But he concluded that a “package” of measures to provide jury protection would be sufficient to reduce to the risk to an acceptable level.

Yesterday the appeal judges disagreed. Even if steps were taken to protect the jury, the likelihood that tampering would take place was “so substantial” as to make it necessary for a trial without a jury in the interests of justice.

Fragile justice

— George Francis went on trial in 1983 after alleged involvement with armed robbers who had moved into drug trafficking. Underworld sources said that he offered £100,000 to nobble the jurors. A first jury failed to reach a verdict and a second acquitted him amid rumours that the North London Adams family had taken up his offer.

— A string of trials in Northern Ireland in the 1960s and 1970s led to “perverse acquittals” in terrorist cases because of partisan jurors or jury intimidation. Loyalists used to bang Lambeg drums outside courtrooms to remind the jury to make the “right” choice. From 1973, Diplock courts sat with judges but no juries.

— A prosecution barrister, Brian O’Neill, was struck in the face with a brick during a drug trial in 2002. The trial was adjourned for a week and eventually halted when it was suspected that a juror had also been intimidated. A retrial was held at the Old Bailey with police protection for the jury and counsel.

— Jury nobbling used to be known as “embracery”. A spate of incidents in the 1960s, including seven in 1966 alone, led to the introduction of the majority verdict with the Criminal Justice Act 1967.

— John Goodwin was found guilty in 1983 of approaching at least four and up to eight jurors in his trial on £1.25 million burglary charges. Goodwin and eight others were implicated in the plot to offer jurors £1,000 to acquit him and his co-defendant.

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