Judge declares mistrial as sharp-eyed juror discovers evidence error
Copies of evidence given to two jurors contained "irregular" redacted material deemed inadmissible in the trial of a Cape York Peninsula traditional owner accused of defrauding his community of mining royalties more than a decade ago.
A jury in a fraud trial involving a traditional owner from Cape York Peninsula has been discharged, leading to the case being declared a mistrial due to irregularities in the presented evidence. Mr. Larry Joe Woosup, the defendant, pleaded not guilty to two aggravated counts of fraud, accused of misusing mining royalties in 2014.
The jury, after six days of testimony and summaries, was dismissed over two hours after concluding their deliberations. Judge Joshua Treviño KC found that one juror had noticed redacted information in an exhibit evidence folder and reported this to the bailiff. However, upon examination, it was discovered that another juror's working copy of the evidence was also irregular, raising concerns about potential prejudice to the defendant.
The court's failure to confiscate jurors' mobile phones during their deliberation period was another significant irregularity, as the judge emphasized that jurors should have been collected from the jury room as usual. Judge Treviño acknowledged the unfortunate circumstances and expressed gratitude towards the jurors for their service.
The trial, which centered around a mining agreement between Woosup and a mining company over bauxite mining rights, will now be reviewed by the court on September 28 at Cairns District Court.
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