A trial at Snaresbrook Crown Court was halted twice because of suspicions a juror was asleep.
The first instance occurred during the defence summing up when the jury were sent out on an impromptu break. “A juror may have been napping” explained the judge.
A conversation between counsel, held without the jury present, confirmed that they both thought he had been “napping” for an equal amount of time during each other’s speech. HHJ Charles Falk reassured them “I was listening to you intently”
Later the same day, midway through his summing of the evidence, the judge abruptly stopped talking and asked the jury to retire to their room.
Leaning forward he said “counsel, I need your assistance” as he explained that the same juror was causing an issue.
“The problem is, that if [the other jury members] are looking at him in an embarrassed way, they’re not concentrating” said the judge.
The courtroom was cleared of the public, and the defendant, to allow the juror to be spoken to privately and the hearing resumed after an eleven minute pause.
The defendant was ultimately found not guilty.
