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Manslaughter trial shock as judge orders a new hearing

The trial of two Warwick men accused of manslaughter in the death of Jermaine (Red) Pitcher will have to start all over again after it came to light one of the jurors would not be available to see the trial through completion.

The six-day trial was abruptly aborted yesterday and the eight-woman, four-man jury was discharged and the trial was put down to start over with a new jury tomorrow.

Jamal Chicke Robinson, 25, and Keniel Ingham, 29, have denied unlawfully killing Mr. Pitcher during a bloody brawl outside Champion's night club on February 27, 2000.

Their joint manslaughter trial was in its sixth day and the Prosecution had presented the majority of its case when it came to light following legal arguments that the case could not be completed by Friday.

The Royal Gazette understands that as one juror is scheduled to travel this Friday and return on Monday and a second is travelling next Tuesday for one week, the trial could not continue with its full twelve-member jury.

Whilst there is a provision in the law for a trial to continue with a jury of eleven or even ten people, defence attorneys for Robinson and Ingham would not agree to continue the trial under those circumstances.

Robinson is represented by Victoria Pearman while Venous Telford is the attorney for Ingham.

Senior Crown counsel Dorien Taylor is prosecuting Ingham and Robinson with the assistance of Graveney Bannister.

Last week, the jurors and the attorneys agreed to Assistant Justice Archibald Warner's request that the court would begin early and run late in the day in an attempt to complete the manslaughter trial by Friday.

The jurors heard from investigating Police officers, a forensic pathologist, a blood stain pattern analyst from Canada and a number of eyewitnesses to the fight which led to Mr. Pitcher's death during the five days the court heard testimony.

But yesterday, following legal arguments it appeared even the extended hours would not be enough.

In discharging the jurors, Mr. Warner said that he had originally sent them out yesterday morning only to hear legal arguments.

"Since then I have had the opportunity to consider the time schedule and time limits under which this trial is being conducted," he said.

"I have come to the decision that we will not be able to complete this trial by Friday, notwithstanding all the efforts that were made by you in accommodating the court in extra time and measures taken to speed things up."

"We're not going to be able to finish Friday."

Mr. Warner continued: "Other systems that are in place to possibly continue (the trial) are not viable. As a result - notwithstanding your valiant efforts, if I may say so - I have no choice but to abort the trial."

The jurors were discharged and Mr. Warner said it was his intention to begin the new trial tomorrow with twelve new jurors.

Ingham and Robinson were released on bail and told to reappear tomorrow morning at 9 a.m.

The Royal Gazette attempted to contact Supreme Court Registrar Charlene Scott yesterday for an explanation of the conditions of jury duty but was told the Registry would not comment.