Woman avoids penalty for offering muffins and talking to jurors during sex abuse trial

The woman approached two jurors outside the High Court at Auckland to comment on an ongoing trial. Photo / Nick Reed

A woman who approached two jurors during a high-profile trial to tell them she thought the defendant was "telling the truth" before offering them home-baked muffins has escaped any punishment.

The woman, who has permanent name suppression for serious mental health reasons, was today sentenced for contempt of court.

The incident which led to the charge occurred during the trial of Alosio Taimo last year.

Taimo, an Auckland rugby coach, was eventually found guilty of 95 charges of sexually abusing several young boys across three decades.

Last Friday, he was sentenced to 22 years' jail and will serve a minimum imprisonment period of 10 years.

During the trial, however, a woman approached two jurors outside the courthouse.

Both jurors then told Justice Simon Moore, the presiding judge, that the woman had talked about the case with them, while also offering home-baked muffins.

"The trial was then in its seventh week," Justice Moore said. "All of the complainants had given evidence."

Taimo was also in the process of giving evidence.

The woman approached two jurors mid-way through the Alosio Taimo, pictured, trial. Photo / Jason Oxenham

In a note to Justice Moore, the two jurors said they were outside smoking when they were approached by the woman.

She engaged in small talk before she said: "I know I'm not supposed to talk to you."

"I was unsure at the start but now I think the truth is coming out," she continued.

"I think he's telling the truth."

The woman also said: "It makes you wonder if the real culprit is still out there?"

She then went to get the jurors some of her muffins.

Concerned, the two jurors thought the interaction would land them and the woman in trouble with the judge.

They told the foreman, who said in a note to Justice Moore: "This frustrates me as our jury has tried our best to be professional during this long trial."

But the two jurors who were approached also told Justice Moore they did not feel the woman had swayed or persuaded them to form a particular view of Taimo.

"This includes all jurors," the foreman added.

As Justice Moore inquired further about the potential contamination, Crown prosecutor Jasper Rhodes and defence lawyer Panama Le'au'anae also said they had been approached by the woman.

She had asked Le'au'anae if she could go down to the cells and bless Taimo.

Le'au'anae said he was "bewildered and very surprised" by her behaviour.

When questioned by Justice Moore, the woman said she was "simply being friendly".

Justice Simon Moore said the woman's actions were "bizarre and inexplicable" but hoped she would get the medical help she needed. Photo / Dean Purcell

Aaron Perkins QC, who was appointed by the court to assist the proceedings, today said the woman's "livelihood has been impacted" by her misjudgment.

However, he said there was a "good body of evidence" to indicate the defendant was not mentally well at the time.

A failure to take diabetes medication for some time may have "had something to do with why she was unwell", Perkins said.

"This has happened not entirely due to her own criminality but rather influences not entirely in her control."

Justice Moore called the woman's actions "grossly inept, overt and an unsophisticated attempt to engage the jury".

It was "bizarre and inexplicable", he said.

But, the judge discharged the woman without penalty before she left the court in tears.

"I strongly urge, as Mr Perkins has, that you seek help," Justice Moore told her.

"You are a good person, you have previously made positive contributions to our society."

Despite also making a permanent name suppression order, which was opposed by journalists, Justice Moore said it was an important case for the media to report. He said "attacks" on the integrity of the justice system could not be tolerated.

The woman has no previous convictions.