On 3rd January 2013 the Court of Appeal took the descision to direct an independent watchdog, the Criminal Cases Review Commission (CCRC), to consider the fairness of a criminal trial after it emerged that the defendant had 22 mutual Facebook ‘friends’ with a member of the jury.
The case in question involved queries over jury impartiality in a case involving an offence of wounding with intent to cause grievous bodily harm. The trial judge had refused to discharge the juror after she admitted knowing the landlady of a pub where the defendant had first confronted the victim of the alleged attack. Since the trial, the defendant’s lawyers argue that a series of other ‘small town’ links have been revealed between the defendant and the juror.
Concerning evidence was produced which showed that the juror had "liked" a comment by a friend, which stated: ‘If it was me, I would send them all down’. It had also emerged that the landlady had managed another pub where the defendant had committed previous criminal damage and violent disorder offences.
As well as the Facebook connection, it had come out since the trial that the juror's daughter had witnessed the defendant’s arrest and was a friend of a member of the defendant’s family. Witness statements had also revealed that the juror had previously drunk at the same pub and had formerly lived near the defendant.
Mr Justice Kenneth Parker said: ‘It is alleged in witness statements that there is significant Facebook linkage between the juror in question and the defendant. At the moment that linkage seems indirect but, nonetheless, it is submitted that it is substantial. In the circumstances we have decided to adjourn the appeal and we also believe that it is appropriate in this case that the matter be referred to the CCRC in order that it should be able to carry out an investigation.’
Comment
It will be interesting to follow the outcome of the independent investigation and we will revisit the issue of Facebook in Court when we look at discloseable information in civil proceedings later in the week. Specifically we will look at showing inappropriate links between defendants and the admissibility of evidence by reference to landmark cases. We will also consider if by extension this can be used to admit evidence in criminal trials and how this interacts with Jury tampering and attempts to pervert the course of justice.
The case in question involved queries over jury impartiality in a case involving an offence of wounding with intent to cause grievous bodily harm. The trial judge had refused to discharge the juror after she admitted knowing the landlady of a pub where the defendant had first confronted the victim of the alleged attack. Since the trial, the defendant’s lawyers argue that a series of other ‘small town’ links have been revealed between the defendant and the juror.
Concerning evidence was produced which showed that the juror had "liked" a comment by a friend, which stated: ‘If it was me, I would send them all down’. It had also emerged that the landlady had managed another pub where the defendant had committed previous criminal damage and violent disorder offences.
As well as the Facebook connection, it had come out since the trial that the juror's daughter had witnessed the defendant’s arrest and was a friend of a member of the defendant’s family. Witness statements had also revealed that the juror had previously drunk at the same pub and had formerly lived near the defendant.
Mr Justice Kenneth Parker said: ‘It is alleged in witness statements that there is significant Facebook linkage between the juror in question and the defendant. At the moment that linkage seems indirect but, nonetheless, it is submitted that it is substantial. In the circumstances we have decided to adjourn the appeal and we also believe that it is appropriate in this case that the matter be referred to the CCRC in order that it should be able to carry out an investigation.’
Comment
It will be interesting to follow the outcome of the independent investigation and we will revisit the issue of Facebook in Court when we look at discloseable information in civil proceedings later in the week. Specifically we will look at showing inappropriate links between defendants and the admissibility of evidence by reference to landmark cases. We will also consider if by extension this can be used to admit evidence in criminal trials and how this interacts with Jury tampering and attempts to pervert the course of justice.
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