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Emotions run high after error by jury foreman

Michael Madeiros is escorted from Supreme Court after being found guilty of importing $2 million worth of drugs.

Amid high drama in a packed Supreme Court yesterday, two former Dunkley?s Dairy employees were convicted of conspiracy to import around $2 million worth of cannabis.

Michael Madeiros, 41, and Steven Flood, 39, were accused of plotting to conceal 120 pounds of the drug in a container shipped to the dairy from the United States in October, 2003.

Following a three-and-a-half-hour deliberation, the nine woman, three man jury reached a unanimous guilty verdict, although in a bizarre twist, the jury?s foreman pronounced the defendants not guilty when asked by the court clerk.

But screams of joy from the defendants? families quickly turned to anguish, as the foreman hurriedly corrected himself and apologised profusely for the embarrassing blunder.

Distraught family members stood in the corridor outside the courtroom for close to 30 minutes after the verdict, and had some strong words for the foreman as the jury filed past them through the exit.

?How an earth could you make a mistake like that?? questioned one.

And emotions threatened to boil over soon after when Dunkley?s Dairy?s CFO Gary Knight arrived on the scene, with one family member having to be restrained as she rushed angrily towards him screaming hysterically.

Mr. Knight was quickly ushered from the building to avoid a potentially violent altercation.

During the course of the trial, Crown counsel Paula Tyndale had argued that Madeiros was the operation?s ?ringleader?, making arrangements with a local drugs baron, known only as ?Bingy?, to bring in the cannabis. Flood?s role in the scheme, Ms Tyndale had suggested, was to secure the use of Dunkley?s Dairy container space and to order legitimate goods from an overseas supplier, in which the drugs could be hidden by a co-conspirator in the US.

Meanwhile, defence counsel Mark Pettingill contended dairy boss and Shadow Health Minister Michael Dunkley, who testified that the two defendants had confessed their guilt to him in November, 2003, was anxious to avoid his family name being associated with such illicit activities and was making scapegoats out of both Madeiros and Flood.

Speaking to in the verdict?s aftermath, Mr. Pettingill said he was ?very, very surprised? the ?considerable? doubt raised by the defence had not swayed the jury while labelling the unfortunate court room scenes ?the most bizarre? circumstances he had ever witnessed in his legal career.

Pressed on whether they would appeal, he said they would need some time to ?reflect? on the lay of the land before deciding how to proceed.

Ms Tyndale was not available for comment last night. A social inquiry report was ordered into the two men by Puisne Judge Carlisle Greaves and they were remanded into custody until the next arraignment session, when a date should be set for sentencing.