Jury unable to reach verdict
Despite five hours of deliberation, a seven-woman, four-man jury was unable to reach a verdict in the month-long drugs importation trial of international cross-country runner Jamal K. Hart.
Hart, 37, of East Dale Road, Southampton, pleaded not guilty to importing 10,953 grams of cannabis with an estimated street value of $547,650 in a freezer on or around July 13, 2003.
Director of the Department of Public Prosecutions, Vinette Graham-Allen, said yesterday she would not say whether Hart would be re-tried until she had spoken with her Crown counsel Graveney Bannister, but hinted a decision could be expected next week.
Hart faced a maximum sentence of life imprisonment for drug importation.
After he was released on bail, Hart refused to comment on the hung jury verdict on the advice of defence lawyer Victoria Pearman. Before the jury was released, Puisne Judge Carlisle Greaves asked the forewoman how the members were divided and she said, ?Eight to three?.
However, she did not say whether the eight jury members were for a guilty or not guilty verdict.
Ms Pearman took exception to the direction given by Mr. Justice Greaves to the jury at around 3.30 p.m when he said, ?It makes great public expense and inconvenience if jurors do not agree owing to unwillingness of any one member to listen to the arguments of the rest.?
At 4.44 p.m. Ms Pearman told the court ? in the absence of the jury ? that she felt it unfair of the judge to give that direction.
?An inquiry should be made if they need more time to give a proper verdict,? she said. ?In and of itself, the manner in which it was given, gives a jury the impression not to waste time.?
Mr. Justice Greaves said he accepted Ms Pearman?s submission and called the jury back into court at 4.48 p.m. and told them to ignore his last direction.
?I wish to vary that because I do not wish to make you feel under any pressure to reach a verdict,? he said.
Less than a half-hour later, the hung jury was released.
Earlier in the trial, a 12th jury member wrote a letter to the judge about why she could no longer sit on the jury and was released. The contents of this letter was never read out in court.
In his summation of the trial yesterday, Mr. Justice Greaves said the Crown?s position was that Hart was a liar.
Mr. Justice Greaves recalled Hart said the freezer belonged to HWP employee ?Roger Smith?, however, HWP had no employee by that name.
The judge also recalled how Hart said he was asked to import the freezer for a Jamaican called Mikey Campbell and that he did not know there was drugs inside.
However, he warned the jury not to be prejudiced.
?Everybody hears Jamaican and get scared,? he said. ?We are all persons in society.
?The prosecution says even if there is this Mikey type situation, this defendant would have had reason to suspect there were drugs in that freezer.?
The judge said ?good people sometimes do wrong things? but that it was the defence?s case that Mikey was a generous man who helped him when he was stranded in the US.
