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Home / New Zealand

Ministry investigates dangers for jurors

By KEVIN TAYLOR
5 Dec, 2004 10:19 AM3 mins to read

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Courts Minister Rick Barker has asked Justice Ministry officials to look at other technology that might pose a threat to juries after a gang member used a cellphone camera to photograph a jury.

Mr Barker was reluctant to be drawn on whether banning cellphones in courtrooms was an option, but
he admitted it was "something to think about".

The Weekend Herald revealed that an Auckland District Court jury, which had been hearing drugs charges against four people, including senior Headhunters gang member David Gerrard O'Carroll, was taken to a secret location after the camera incident.

Never before, say police, has anyone tried to threaten, blackmail or bribe New Zealand jurors by taking their photographs in court.

They say it is also the first time a district court jury has been sequestered - kept together in a motel every night.

O'Carroll, two other men and a woman were eventually found guilty of charges involving making and supplying methamphetamine, and are now awaiting sentencing.

In the fourth week of the trial, a patched Headhunters gang member came into the court with six other gang associates and was seen using his cellphone, apparently to photograph the jury.

Mr Barker said yesterday that his officials had been asked to consider the incident and what other technology could be used in a similar way. For example, cameras were available in digital diaries.

"I've asked my officials to think about this, and what we need to be careful about. We are taking the incident seriously without overreacting.

"This is a general wake-up call to us. It was unexpected, but let's learn the lesson from it."

Officials had also been asked to raise the issue in meetings with the Judiciary to see if other measures could be taken.

Asked if he supported banning cellphones from courtrooms, Mr Barker said: "It is a matter for us to think about.

"I'm not sure I'm prepared to go that far, but I am saying that it's an issue that we need to keep our eye on.

"What happened in the court did catch people a little by surprise, and it's not good to be caught by surprise."

Mr Barker said people had tried to intimidate juries before now but the Government would do everything it could to protect jurors.

"We want to do everything we can to preserve our jury system and make sure that people who serve on a jury feel absolutely safe and secure."

CAPTURED ON CELLPHONE CAMERA

* Senior Headhunters gang member David Gerrard O'Carroll, 40, was found guilty on November 12 of methamphetamine-related charges, along with Desmond Loke, 29, a musician from Newton; Lawrence Schwalger, 29, unemployed, from Mt Albert; and Phillipa Williams, 25, a designer from Mt Wellington. They are awaiting sentencing.

* During their lengthy district court trial, a gang member was seen using his cellphone camera to photograph the jury.

* Jurors were taken to a secret location and high-ranking detectives were brought in to oversee the process.

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