BASSETERRE, St. Kitts – BURGLARY-ACCUSED Ourtic Gillard requested that his hearing not proceed any further after the disclosure of possibly prejudicial information made at the commencement of his trial.
Yesterday (May 18), during the process of empanelling a jury to sit on Gillard’s case, His Lordship Justice Francis Belle asked the jurors if any of them had a conscientious reason for not wanting to serve on Gillard’s case.
SKNVibes understands that a male juror stood and informed that, in the past, he had an unfavourable encounter with Gillard; however, he was not allowed to divulge any particulars of the incident.
That particular juror was removed from the panel, after which the empanelling process continued and was completed without any further hitches.
Justice Belle requested that the empanelled jury be temporarily sequestered and, in their absence, he raised the earlier happening with the unrepresented accused.
The judge said that he felt it necessary to – out of an abundance of caution - ascertain Gillard’s position on what had transpired. He explained to the accused that the effect of what took place is that the entire jury pool was exposed to the sensitive information which could possibly play on their minds during the case and deliberations.
Gillard, as Belle explained, could be seriously disadvantaged, in that his trial may result in it not being fair.
Asked if he would feel comfortable being tried by a jury exposed to such sensitive information, Gillard responded in the negative. His Lordship informed that, in light of Gillard’s decision, the case would have to be traversed to the September 2010 Criminal Assizes when a fresh jury pool would be selected.
His Lordship declared a mistrial and relieved the jury of its responsibilities and instructed them to return to court today when they might be selected to serve on another case.
Gillard is expected to return to court in late September for a new trial date.
