A juror in the Rungnapha Kanbut sex slavery retrial was dismissed after a knife was found in his backpack. NSW Police investigated but took no further action. Separately, the same juror persistently attempted to converse with the judge's associate outside of court.
The judge ruled that both incidents violated his instructions to jurors regarding contact with those involved in the case. The juror's persistence, even if unintentional, demonstrated a fundamental misunderstanding of his role.
Despite the juror's dismissal, the remaining jurors delivered guilty verdicts on April 1st. Kanbut, previously convicted and later acquitted, remains on bail pending sentencing in June.
The judge said whether or not the juror’s fruit explanation “might have merit”, the impact of any police investigation would have been a significant distraction and would “substantially affect” their ability to determine Kanbut’s guilt.
NSW Police said officers were called to the courthouse at 10.50am following reports a man had been detained after a knife was detected in his backpack.
“After making inquiries, the man was released and no further action was taken by police,” a police spokesman said.
On March 24, the judge’s associate advised she had been approached by a male juror while out socialising on the Saturday night, March 22, and reported he had “addressed her and sought to engage her in conversation with some persistence”.
Bennett said the juror’s conduct was in “clear breach” of his instructions that jurors have no contact with the parties involved in the case, and demonstrated a “fundamental” misunderstanding of their function.
The judge said the interaction did not include remarks about the trial, as the opportunity for that was “curtailed” by the associate’s clear response “that they would not speak” and her swift departure from the venue.
He said regardless of the juror’s intention, “that he persisted with his attempts to speak with the associate … put beyond question that he ought not be permitted to continue in this role”.
The remaining 10 jurors delivered their guilty verdicts on April 1.
Kanbut, who served more than three years of a jail sentence before her convictions were quashed on appeal and her retrial was ordered, is on bail ahead of sentencing in June.
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