Supreme Court New South Wales Medium Neutral Citation: R v Kilincer (No. 3) [2022] NSWSC 1730 Hearing dates: 1 August 2022 Date of orders: 1 August 2022 Decision date: 01 August 2022 Jurisdiction: Common Law Before: Wilson J Decision: 1. Order pursuant to s 53B(b) of the Jury Act that the juror who knows Mr Brijeski be discharged. Catchwords: CRIME – TRIAL – accused charged with murder – jury of 15 empanelled to hear trial – jury panel given list of witnesses and other significant persons – outline of alleged offence provided to jury panel – after empanelment juror reported an acquaintance with a witness – juror discharged Legislation Cited: Jury Act 1977 (NSW) Category: Procedural rulings Parties: Regina (Crown) Kubilay Kilincer (Accused) Representation: Counsel: B Hatfield (Crown) E Ozen SC (Accused) Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Abbas Jacobs Lawyers File Number(s): 2020/30002 Publication restriction: Nil Ex Tempore JUDGMENT (Revised) 1. HER HONOUR: In terms of the juror the subject of MFI 6, this afternoon in the trial of R v Kilincer a note has been received from an unidentified jury member, who has advised that, having been listening to the course of the Crown Prosecutor's opening address he or she has recognised one of the witnesses who is to give evidence, a Mr Brijeski. The juror is aware of both the witness and the witness's occupation. I am told by the Crown Prosecutor that that witness's evidence is in dispute, and plainly, we cannot have a juror on the jury who knows a witness whose evidence is to be the subject of challenge. 2. Observing that it is entirely regrettable that this juror did not raise the issue when invited to do so just a couple of hours earlier today, there is no other choice, in my opinion, than to discharge the juror, and that being the course that both parties suggest, accordingly I make an order pursuant to s 53B(b) of the Jury Act that the juror who knows Mr Brijeski be discharged. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 15 December 2022