Only four of the 12 required jurors were selected in Grand Court on Monday for the murder trial of Carlos Renton Russell, which was scheduled to start yesterday.
Thirty potential jurors attended court on Monday morning, while one person summonsed failed to answer and was fined $500.
Mr. Justice Alex Henderson discussed the situation in open court with Solicitor General Cheryll Richards and Defence Counsel Howard Hamilton QC and Attorney Anthony Akiwumi.
He referred to the Judicature Law, which provides that, when the number of jurors available is reduced below the number required, the Clerk of Court may select ‘talesmen’ from bystanders and others attending court who are eligible for jury service.
The judge said he was not attracted to the practice of recruiting talesmen and he did not know what the norm would be in this jurisdiction.
His own preference would be for fresh summonses to be served for potential jurors to attend the next morning (Tuesday, 14 February). Mr. Justice Henderson said this would be short notice, but it was preferable to people being dragged in off the street.
Ms. Richards said she and the Defence agreed to that course of action. She advised that when talesmen were used it was ordinarily because only one or two persons were needed.
The judge estimated the number of people who would have to be summonsed and then proposed adjourning until the next day.
The defendant in the matter before the court is Carlos Renton Russell, who has pleaded not guilty. He is charged that, on 30 March 2005 at George Town Hospital he murdered Philip Wayne Watler.
The jury selection process began with the numbers and names of potential jurors being called. As each person was then called to be sworn or affirm, the Defence or Prosecution could challenge that person.
Both sides had 12 peremptory challenges – that is, challenges for which no reason need be given. The Defence used 11 and the Crown used seven.
Mr. Justice Henderson excused other potential jurors after they detailed their association with or relationship to someone connected with the matter.
The four jurors who were selected were told to pay no attention to any media reports about the case and ignore rumours, gossip and hearsay. The judge also told them not to allow anyone to speak to them about the matter.
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