R v Williams (No. 7)

Yesterday, shortly before court commenced, we were notified that a juror had fainted in the jury room and was most unwell and unable to sit yesterday. I understand that juror was conveyed by ambulance to a nearby hospital and was assessed and sent home yesterday afternoon.

This morning we have received a note from a medical centre which states that the letter is to request an exemption from jury duty, explaining under the hand of a GP whose name is contained on MFI 292, that as the treating doctor of the relevant juror, he is requesting the juror be excused from jury duty due to medical conditions and health circumstances which include symptoms of dizziness and syncope, whilst on jury duty, which need further investigation and potentially treatment. It is specifically requested that the patient have an exemption from jury duty.

The doctor notes also that he has examined the patient today after her recent hospital admission.

In all the circumstances those at the bar table do not oppose the discharge of the juror. It seems to me that the medical certificate supports discharge of the juror pursuant to s 53B(a) of the Jury Act 1977 (NSW) based on the medical opinion set out above. I am satisfied that the juror has become so ill as to be unlikely to be able to serve as a juror before verdict would be delivered and in the circumstances I discharge that juror.

That leaves us with 14 jurors at a very late stage of the trial, day 44, where we will very soon be proceeding to final addresses and the summing-up and deliberations.

I take into account that late stage of the trial in being comfortable to discharge this juror, given that we still have 14 jurors.

I note in forming that view there is some indication that we may have to discharge another juror which would still leave 13 jurors at this late stage of the trial. I should note that, because we know that is a potential. Even taking that into account, I am satisfied under s 22 of the Act that this trial should continue with a reduced number of jurors, currently numbered 14, and that it is not unfair to any party to proceed accordingly.