Murder trial aborted after jurors do web research

Relevant offers

Crime

Ten snapped up in Twizel drug sting Child sex photo case delayed Cash, drugs, weapons seized in 'biggest' bust Renewed hope in Hobsonville RSA attack case Suppression lifted on fatal Waikato crash accused Men in court after raid on Auckland apartment Suppression ends for hit and run accused Charges over Kapiti coast fatal car crash Stolen car chased through Wellington Suppression lapses for kidnap accused

The murder trial of Wilson Apatu has been aborted after a juror did research on the internet.

Justice Forrest Miller ordered a new trial and jury in Napier District Court after he and counsel were made aware that the information had been brought to the jury room.

The new trial is set to begin on Monday.

The mistrial has cost taxpayers tens of thousands of dollars and the trial may be the first to be thrown out because of jurors accessing the internet.

Jurors are specifically directed not to seek information outside the courtroom and the Napier jurors were told clearly to avoid doing research on the internet.

Apatu, 40, is facing trial for murdering Layden Rameka, attempting to murder Mr Rameka's eight-year-old son, and entering their house with the intent to commit homicide.

The killing took place in Waikoau, 40 kilometres north of Napier, on August 30, last year.

A Justice Ministry spokeswoman said there were about 50 mistrials a year. A jury trial cost an average of $20,000.

"As the Ministry of Justice does not record the specific reasons for mistrials it is not possible to confirm whether or not this is the first instance of a juror accessing the internet," the spokeswoman said.

The breach constituted contempt of court and carried a maximum prison term of three months and a fine of up to $1000. Whether the jurors would face penalties was at the discretion of the judge.

In March last year a mistrial was declared in Florida after nine jurors admitted researching a drugs case on the internet.

Defence lawyer Peter Raben told The New York Times he was stunned and had been on the verge of winning the case.

"It's the first time modern technology struck us in that fashion, and it hit us right over the head."

- © Fairfax NZ News