PROPOSALS to reintroduce the capacity to retry cases after a hung jury will ensure “unfortunate” outcomes as in the L’Ecume II trial do “not reoccur”, the Home Affairs Minister has said.
Deputy Mary Le Hegarat reiterated her stance during yesterday’s States sitting, following questions from Deputy Montfort Tadier in the wake of the minister’s proposed overhaul of Jersey’s criminal justice system.
One of the changes being put forward by the minister is to allow retrials in cases that result in a hung jury.
In her accompanying report, Deputy Le Hegarat references the recent legal proceedings concerning the maritime collision involving the Commodore Goodwill ferry and L’Ecume II fishing trawler, which claimed the lives of the latter vessel’s skipper Michael Michieli and crew members Larry Simyunn and Jervis Baligat in December 2022.
The case saw Commodore Goodwill second officer Lewis Carr convicted of conduct endangering ships, structures and people at sea after a four-week trial last year.
But Deputy Le Hegarat’s report notes that the jury was unable to reach a verdict on the more serious manslaughter charge, resulting in a hung jury.
A legislative amendment adopted in 2018 removed the capacity to retry such cases.
But Deputy Hegarat contended that: “At the time of the original debate, the question of a hung jury was a theoretical one, which might occur at some point in future.
“Today, we have seen the significant confusion, expense, and distress that is caused by a trial ending in this uncertain manner.”
She stated that part of the reason for her proposition was “to ensure that this unfortunate outcome does not reoccur”.
During yesterday’s States sitting, Deputy Tadier asked: “Does the minister regret any of those comments that she’s put on paper, saying that an outcome of a jury verdict was unfortunate?
“Does she believe that could undermine the criminal justice process and also the valid deliberations that the jury took place which resulted in an acquittal?”
Deputy Le Hegarat replied: “What the Deputy says about a hung jury and being an acquittal, this is the problem with hung juries, is that there is no acquittal and there is no conviction.
“So in actual fact, there is no result for either party.”
Deputy Hegarat continued: “It is unfortunate that the person who is the suspect within the trial doesn’t actually have any result and neither do the victims of that particular individual.
“It is unfortunate when we end up in a hung jury. It is unfortunate for both parties and that is why we are bringing forward the recommendation that this will be allowed in certain circumstances.”
The minister argued that “it is about trying to get a resolution for both parties”.
