‘Stuck’ jury making further progress

November 25, 2015 | By More

High Court-panoply1The jury in the trial of five men charged with rape over an incident at Woodend signalled to the judge that it has reached an “impasse”, but was later making more progress.

The jury’s note to trial judge Justice David Gendall came on the third day of deliberations, as it considered the remaining charges in the indictment after five were dismissed last week.

Justice Gendall brought the jury back into court and delivered them the usual direction – known as “The Papadopoulos” after the trial where it was first used – for juries that are stuck in their deliberations.

They had said they had “come to an impasse” about two of the men who have been charged as principal offenders, but had reached a decision on the third. All the men are charged with being parties to the principal offences, even if the Crown does not allege they committed sex offences themselves.

The trial heard evidence from a 16-year-old girl who said she went to a bonfire night on the beach at Woodend last year and ended up away from the gathering in the darkness where two men raped her and a third forced her to perform oral sex. Two other men were alleged to be part of the group.

After Justice Gendall’s direction, the jury returned to the jury room and then went to lunch before resuming its discussion.

The trial began on November 9, and today was its 12th day.

The men on trial are Isaac Jason Mould, 21, from Woodend, Brook Sebastian Norris, a 22-year-old landscape gardener from Brooklands, Troy Matua James McIver, 21, a rigger from Rangiora, Ky Robert Reginald Reid, a 21-year-old logging contractor from Woodend, and Stuart Mitchell Lewis, 21. The Crown alleges that the woman was raped by Mould and McIver, and Lewis sexually violated her by oral sex. It says Norris and Reid were present. The men deny all charges.

Update: After three more hours of deliberations, the jury decided late afternoon that it would continue its discussions into a fourth day, on Thursday. It indicated to the judge that it was making further progress.

 

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