Juror foreman's mistake lands man in custody
March 12, 2007
The foreman of a jury, in handing down the verdict in a carnal abuse case last Friday, made a very serious mistake in saying "guilty" instead of "not guilty" at the Home Circuit Court.
The mistake resulted in 35-year-old Kevin Bryan being placed in custody for sentencing on March 30.
This left lawyers calling for plans to be put in place for each juror to record his or her verdict on a special form and then hand the form to the judge or registrar after deliberations. The lawyers said that would solve the problem.
Court officials were only informed of the mistake after the verdict was taken, the jury discharged and court was adjourned. The foreman, when asked what was the verdict in respect of rape, said not guilty of rape.
On being asked what was the verdict in respect of carnal abuse, the foreman said "guilty".
Mrs. Justice Almarie Sinclair Haynes then discharged the jury and remanded Bryan for sentencing.
After the jurors left the courtroom and the court had adjourned, they complained to officers of the court that the foreman had made a mistake.
The judge was informed and she returned to the courtroom. The jurors were invited to return to the courtroom and they confirmed that the foreman had made a mistake.
A decision is to be made on March 30 as to what is to be done in respect of Bryan.
Attorney-at-law Tamika Harris, who is representing Bryan, said on Friday that she was going to research the matter to ascertain what is to be done in Bryan's case.
However, several lawyers said the jury's verdict could not be disturbed once it was handed down and the jurors had left the courtroom. They said it was only the Court of Appeal which had the power to quash a jury's verdict and said affidavits explaining what took place in Bryan's case should be submitted along with the grounds of appeal.
Some lawyers explained that, despite the mistake, Bryan will have to be sentenced and suggested that given the circumstances perhaps it would be best to give him a suspended sentence so that he does not languish in prison awaiting his appeal.
Author: Barbara Gayle
Source: Jamaica Gleaner
