Originally Posted by Anne_Cameron:
“The judge could discharge the 'tweeting' juror and continue with the remaining eleven jurors after he has consulted with Anna and the CPS. If both sides agree that is the most likely outcome.”
Not any sort of a legal eagle but there seem to be various possible scenarios:
1. Continue with one juror barred.
2. Mistrial and new trail ordered
But my current favourites are:
3. Mistrial and new trial ordered but Prosecution decide to review evidence and then drop the charges.
4. Prosecution drop charges immediately on grounds that little prospect of conviction
The CPS barrister did not miss Rob's little aside about 'having been certain' that Jess would not appear for the defence. He certainly hasn't taken to Bruce and must be worrying about how Rob will hold up during his rebuttal session.
The CPS will only proceed with a case if (a) there is evidential sufficiency and (b) it is the public interest. The evidence now looks completely different to how it looked at the start of the trial.
We have TWO Prosecution witnesses who will clearly be classed as hostile witnesses.
We have an allegation of rape from Helen (that I would think the Police are duty bound to investigate)
We have a Defence witness (Jess) who was clearly about to make a second allegation of rape.
To proceed with a Prosecution, the CPS have to believe there is a reasonable prospect of conviction. Can the CPS barrister really believe that there is? With this jury or another - after the last two days of evidence?