R v Kelu; R v Millner (No 2) [2023] NSWSC 1538

Supreme Court New South Wales

Medium Neutral Citation: R v Kelu; R v Millner (No 2) [2023] NSWSC 1538 Hearing dates: 13 June 2023 Date of orders: 13 June 2023 Decision date: 13 June 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: The individual juror will be discharged. Catchwords: CRIMINAL PROCEDURE — Trial — Jury — Application to discharge individual juror – where juror sent note indicating that she no longer respected the court officers – whether juror's ability to perform his or her functions affected – juror discharged Category: Procedural rulings Parties: Rex Jonatan Kelu Cedric Adrian Millner Representation: Counsel: G Craddock SC with B Stevens (Crown) M Avenell SC (Mr Kelu) S Hall SC (Mr Millner)

Solicitors: Commonwealth Director of Public Prosecutions Bannisters Lawyers (Mr Kelu) KPW Lawyers (Mr Millner) File Number(s): 2018/32462 and 2018/67357 Publication restriction: None

REVISED EX TEMPORE JUDGMENT 1. I propose to discharge the juror, as it appears to me that the matters raised in Jury Note 6 are likely affecting the juror's ability to perform his or her functions. 2. This trial requires the jury's full attention and concentration on the evidence at all stages (as all trials do) but this trial in particular involves complicated issues requiring the jury members to focus on the documents that have been shown to them. It is particularly important that all members of the jury devote their full attention to what is being said in the courtroom. 3. The content of the jury note is such that the particular juror is indicating that something has happened in the jury room which is unacceptable to them and that he or she is unable to "respect" the court officers any longer. 4. The court officers perform a vital role in ensuring that this trial runs smoothly and that jurors do as they are required, in the sense of performing their administrative tasks, coming and going from the courtroom, and so on. 5. It seems to me that, for the reasons set out, there is a real risk that this juror will not be able to give proper attention to the evidence as it is emerging. 6. In those circumstances, I propose to discharge the juror.