Puisne Justice Charles-Etta Simmons yesterday ordered a mistrial for a man accused of sexual assault because a juror whose niece dated the man may have tainted fellow jurors.

The eight woman, four man jury had already been chosen for the assault, deprivation of liberty and sexual assault trial of the man ? who cannot be identified for legal reasons. After Mrs. Justice Simmons had explained the role of a jury and Crown counsel Oonagh Vaucrosson had laid out the charges and what is required to find someone guilty a legal argument erupted.

The jury was asked to leave the room but one juror returned a short time later to say she might have worked with the complainant and heard her version of the alleged assault. She was dismissed after her connection with the complainant was confirmed.

The prosecutor and defence lawyer returned to their argument only to be interrupted a few minutes later when another juror entered to say she could not be a member of the jury because the defendant had dated her niece and she ?knew all about his business?.

She also told Mrs. Justice Simmons that she had made a phone call in the jury room to check if it was the same man and she told the other jurors: ?I know all about him, he dated my niece and I can?t do this.?

Mrs. Justice Simmons told the juror that she had most likely prejudiced the rest of the jury and called it back to dismiss them.

After the jury left, Mrs. Vaucrosson told the judge that it was likely most jury panels in Bermuda would have one member who knew someone who dated the defendant.

Mrs. Justice Simmons replied to laughter in the courtroom: ?Are you saying he is a persistent dater? I can see that. Or I should say I understand!?

Mrs. Vaucrosson agreed that the defendant dated often.

It was decided that the matter should be moved to the February mention date in order to reschedule another trial being as the current jury pool of several dozen people could potentially be tainted.