Psychic juror prompts retrial
A juror in a Brisbane arson case has caused a retrial after claiming she was psychic and already knew what happened before evidence had been presented.
The Court of Appeal in November last year upheld an appeal by Arnesa Omid after he was convicted of setting fire to his own home at Archerfield in Brisbane's south in 2009 in an attempt to defraud his insurer.
Omid appealed against his conviction and sentence because, among other reasons, the judge only discharged the 'psychic' juror and not the entire jury.
In Court of Appeal documents made available on Friday, a transcript of court proceedings shows the juror approached the trial judge and told him she worked as a medium and already knew what happened during the fire.
'Sometimes this can be a real big burden,' she told the judge about her abilities.
Despite assurances that she would conduct herself as a 'normal person' and not as a psychic, the trial judge ordered that she be discharged because she might hav been biased by her visions.
The judge said there was no evidence to suggest other jury members would be tainted by the juror's abilities.
However, Court of Appeal Justice Margaret McMurdo said in her judgment the trial judge should have brought all members into the courtroom to discuss if any other member had spoken to the 'psychic' juror about her abilities and, if so, whether they could continue impartially.
Omid also appealed against his convictions on the basis that his lawyers' conduct of his trial caused a miscarriage of justice and the trial judge did not direct the jury properly.
Justice McMurdo ordered his conviction be set aside and a new trial date be set.
The Court of Appeal in November last year upheld an appeal by Arnesa Omid after he was convicted of setting fire to his own home at Archerfield in Brisbane's south in 2009 in an attempt to defraud his insurer.
Omid appealed against his conviction and sentence because, among other reasons, the judge only discharged the 'psychic' juror and not the entire jury.
In Court of Appeal documents made available on Friday, a transcript of court proceedings shows the juror approached the trial judge and told him she worked as a medium and already knew what happened during the fire.
'Sometimes this can be a real big burden,' she told the judge about her abilities.
Despite assurances that she would conduct herself as a 'normal person' and not as a psychic, the trial judge ordered that she be discharged because she might hav been biased by her visions.
The judge said there was no evidence to suggest other jury members would be tainted by the juror's abilities.
However, Court of Appeal Justice Margaret McMurdo said in her judgment the trial judge should have brought all members into the courtroom to discuss if any other member had spoken to the 'psychic' juror about her abilities and, if so, whether they could continue impartially.
Omid also appealed against his convictions on the basis that his lawyers' conduct of his trial caused a miscarriage of justice and the trial judge did not direct the jury properly.
Justice McMurdo ordered his conviction be set aside and a new trial date be set.
Comments
Post a Comment