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House moves to stem number of mistrials

The days of criminal trials collapsing because of juror sickness or malpractice will soon be at end, according to new legislation brought before the House of Assembly.

Home Affairs Minister Randy Horton said yesterday that under current practice, if a juror is taken ill or is discharged for some other reason, both the prosecution and the defence must consent to the trial?s continuation.

Mistrials are therefore all too common, Mr. Horton argued, because the defence rarely agrees to such a move.

This was the case in January when the high-profile trial of three men accused of the infamous Wellington Oval machete attacks collapsed after the defence refused to carry on when a juror fell ill.

Government now intends to remove the right of either side to object to the trial?s continuation, with the discretionary power to lie entirely with the judge.

Such a change is ?small but crucial? according Mr. Horton, in order to bring a halt to the incredible waste of money, time and effort that a mistrial induces and that the currently overloaded justice system can ill afford.

The judiciary has been consulted over the amendment, he added, with only the defence bar objecting to it.

?There is enormous wastage and other legal risks when a trial has to be aborted, and we must make sure that we do all that we can to avoid it where possible,? Mr. Horton said.