Zulhayir, R. v

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Mr D Bentley appeared on behalf of the Appellant Mr P Clark appeared on behalf of the Crown ____________________

Most unfortunately, the judge did not show that note to counsel. Her failure to do so is accepted as wrong by Mr Clark, for the respondent. She kept it to herself and counsel only learnt about it the following Monday. They learnt about it in these circumstances. At some stage on Friday afternoon that same juror sent a second note. That note read:

We do not know, again because the note has not been timed, when that note was given to the judge. We do not know whether it was given before or after the adjournment on the Friday. If it was given to her before the adjournment on the Friday afternoon then it is unsatisfactory that it was not shown to counsel immediately so that they could prepare any arguments they wished to submit.

Subsequently the jury were asked to continue their deliberations, but in the meanwhile Mr Bentley had asked for the jury to be discharged and made an application to that effect. That application was refused by the judge. The jury brought in their verdicts on counts 2, 3 and 4 by a majority at about 2.30 that afternoon.