Hi quest ,  welcome  |  sign in  |  registered now  |  need help ?

A female Joanne Fraill Juror in Facebook contempt prosecution after 'contacting defendant during trial'

Written By CBAworld on Thursday, June 16, 2011 | 3:22 PM

juror will stand trial this week accused of contempt of court after she allegedly sent messages to a defendant through Facebook, causing a multi-million pound drug trial to collapse.

In a British legal first, Joanne Fraill, 40, will be prosecuted for allegedly exchanging messages on the social networking site with Jamie Sewart, one of the defendants she had been trying.

Prosecutors will claim Mrs Fraill allegedly chatted online to Mrs Sewart, who had been acquitted in the case, while verdicts on other trials were still being discussed.
Mrs Sewart, 34, also faces contempt proceedings because she is alleged to have asked Mrs Fraill, of Blackley, Manchester, for details of the jury's deliberations.

Mrs Frail, who denies the charges, is also accused of using the internet to research the case against the judge’s orders. The pair could face jail if found guilty.
Dominic Grieve, the Attorney-General who will open the case at the High Court on Tuesday, will argue their actions cause a major drugs trial to collapse, leaving taxpayers facing a bill of more than £6million.


The first juror to be prosecuted for contempt of court for using the internet has been jailed for eight months, after her online activities led to a retrial in a multi-million pound drugs case.

Mother-of-three Joanne Fraill, who admitted at London's High Court to using Facebook to communicate with a defendant in a drug trial, was distraught when sentenced.

The 40-year-old, who also has three stepchildren, used the social networking website to swap messages with Jamie Sewart, who had been acquitted in the third of four trials.
During the case at Manchester Crown Court, estimated to have cost £6 million, Fraill contacted Sewart, who had been acquitted of conspiracy to supply drugs.

Fraill wrote to Sewart, who had asked about an outstanding charge: "cant get anywaone to go either no one budging pleeeeeese dont say anyhting cause jamie they could call mmiss trial and i will get 4cked to0".
The next day, Sewart informed her solicitor about the conversation - a move that triggered the contempt of court action.

Fraill, from Blackley, Manchester, also confessed to conducting an internet search about Sewart's boyfriend, Gary Knox, a co-defendant, while the jury was deliberating.
The 34-year-old Sewart was handed a two-month sentence suspended for two years for her involvement, after also being found guilty of contempt.

When told by Lord Chief Justice, Lord Judge, the length of her sentence, Fraill cried "eight months!" before putting her head on a table and sobbing uncontrollably.
Following Fraill's collapse, the judge announced a short adjournment "for everyone to calm down".
Sentencing Fraill, the judge said in a written ruling: "Her conduct in visiting the internet repeatedly was directly contrary to her oath as a juror.

"And her contact with the acquitted defendant, as well as her repeated searches on the internet, constituted flagrant breaches of the orders made by the judge for the proper conduct of the trial."
Sewart later said: "I really feel for the woman (Fraill). She's got kids. She apologised and she's not a bad lady. I really feel for her."
Tearful relatives hugged Fraill before she was led away to begin her sentence.

Lord Judge said that the communications between Fraill and Sewart "went much further than the expression of a compassionate concern".
He warned that a custodial sentence for any juror in Britain committing similar contempts "is virtually inevitable" and said: "The sentence is intended to ensure the continuing integrity of trial by jury."

Solicitor General Edward Garnier QC, who presented the case in person, added: "Jurors should take careful note and know that the law officers will prosecute those who commit contempt.
"The jury system is a cornerstone of our society and confidence in this vital part of our criminal justice system will crumble if jurors do not take their responsibilities seriously."

0 comments:

Post a Comment