Todd trial jury sequestered
location -- believed to be the first time a jury has been kept in seclusion in Bermudian legal history.
The ten women and two men in the nine-week trial -- one of the longest on record -- were sent to an unnamed hotel amid strict security after failing to reach a verdict in the case of former banker Arnold Todd and three others.
They were cut off from any contact with outsiders, apart from Police officers drafted in as jury bailiffs.
The jury was told that the bailiffs would police the hotel overnight and that even overnight bags delivered to a central location by relatives -- rather than to the hotel itself -- were liable to be searched.
Puisne Judge Richard Ground said the strict seclusion was no reflection on the jury members, but was needed so "public confidence and the integrity of the jury system will be maintained''.
No direct contact with relatives was allowed and telephones in the 12 hotel rooms were taken out -- although the jury were allowed to have TVs.
Mr. Justice Ground told the jury: "First of all, I have to tell you to cease now considering the case among yourselves and not, I stress not, to consider it at the hotel at all.
"The jury room is the place to consider the case, with the bailiffs outside to ensure your privacy.'' Jury spend night in secret location Mr. Justice Ground sequestered the jury after they had not reached a decision by 6 p.m. last night after retiring just after 10 a.m.
And he warned them: "You must not, please, make contact with anyone outside your number when at the hotel.'' He told them they would eat together at the hotel under the eye of jury bailiffs and would then retire to their individual rooms.
Mr. Justice Ground said: "Do not leave your rooms -- do not talk to each other or anyone else. As to messages to relatives and so on, you can identify to the bailiffs persons who you want a message to be sent to.'' But he said that even relatives would not be told where they are -- instead, a contact number unconnected with the hotel would be provided for emergencies and a drop-off point established for a change of clothes.
Mr. Justice Ground said: "It may be the jury bailliffs will have to search the bags ... .I caution you so that people who may be sending you things will know that.'' The move came after the jury were brought in and said they were unlikely to reach a verdict that day.
Todd, 57, of Pearman's Hill, Warwick, faces 17 counts of theft, fraud and false accounting. The offences are alleged to have occurred between 1985 and 1990 when Todd was a senior loans officer at the Bank of Bermuda.
The prosecution claims he submitted bogus loan applications and that he used several companies to disguise his actions.
In the dock with Todd are importer Varnel Curtis, 49, of St. Anne's Drive, Southampton; former hotel concierge Milton Woods, 61, of Old Road, Southampton and businessman Cecil Durham, 56, of Ramgoat Hill, Smith's.
All three men face charged relating to the counts against Todd. The offences alleged to have been committed by the four -- involving around $1.2 million in total -- are all denied.
One allegation against Curtis of participating in false accounting has been withdrawn. A similar charge against Woods was dismissed due to lack of evidence.