By Graveney Bannister A Supreme Court drugs trial came to an abrupt halt yesterday after the judge learned that a juror nodded at one of the accused.

Puisne Judge Norma Wade-Miller discharged the jury after only one day of the drug trial of Richard Ricardo Steede, 39, of 12 Kitty Lane, Hamilton Parish and Lang Onley, 40, of 12 Harvest Lane, Hamilton Parish.

Both Steede and Onley are charged with conspiring to import $138,000 worth of cocaine on March 28 last year.

Crown counsel Peter Eccles earlier this week told the court the cocaine arrived in Bermuda by Fed-Ex courier service.

Sixteen cocaine-laced shafts were used to smuggle over a pound of cocaine into the Island. The golf clubs were allegedly shipped by courier to the Mid-Ocean Club to Onley who was working there as a caddie.

But yesterday Mrs. Justice Wade-Miller ruled that the action by the male juror during the selection process on Monday was inappropriate behaviour and therefore the case could not go on before the current jury.

A new jury is expected to be empanelled on Monday morning.

During last Monday morning's selection of the jury, Royal Gazette junior reporter Adam Cooper observed the communication between the male member of the jury and one of the accused men.

He brought this to the attention of another journalist at The Royal Gazette who alerted the Crown counsel. Mr. Cooper testified that he saw the juror, during the selection process, looking towards Steede. The juror acknowledged that he was related to Steede by marriage.

Mr. Eccles said there was a risk of continuing the trial since it was not known whether the juror was nodding to say he was not related to Steede or whether it was a means of communicating.

Mr. Cooper said: "He looked towards the defendant (Steede) and was shaking his head and continued to look back and forth.

"The juror said he did not know the defendant.'' Lawyer Richard Hector, who is representing Steede, asked Mr. Cooper in cross-examination if he remembered the particular juror.

"I believe it was juror number 11...,'' he said. "If I saw him, I could identify him.'' "He was hesitant then answered no, and he was looking back and forth and said he did not know the defendant,'' Mr. Cooper added.

Mr. Eccles interjected: "My lady, at one point there was a question of the relation of that juror to one of the accused.

"It was the second one from the end.'' Lawyer Mark Pettingill, who is representing Lang Onley, rose suddenly.

"I am satisfied that there was no impropriety.'' he said. "I am stunned.'' Mrs. Justice Wade-Miller then said she saw the juror hesitate in answering if he was related to either of the accused. But she did not see the nodding.

"If we have a juror who is related more than he stated, then we have to take action now,'' she said.

"Justice must not only be done, it must be seen to be done.'' Mrs. Justice Wade-Miller said she would like to investigate the alleged relationship further. She said her concern was the communication between the juror and Steede who was seated in the dock.

But Mr. Hector told the judge what was said by Mr. Cooper was not enough to discharge the jury. "One juror cannot make much of a difference,'' said Mr.

Hector.

"Of course it may make a difference. If I pull one juror from the 12 and he goes back and tells the others...'' Mrs. Justice Wade-Miller responded.

Mr. Eccles also expressed concerns about trying the case with a juror short if there was no agreement in writing.

Mrs. Justice Wade-Miller adjourned the proceedings until Police could check on the relationship between the juror and Steede.

Yesterday, after hearing from Police that Steede was a distant relative by marriage to the juror, she discharged the jury until Monday.