19 Mar 2020
R v EKEROMA and FATU [2020] NZHC 565
- Citation
- [2020] NZHC 565
- Court
- High Court
The application to discharge the jury was dismissed because there was insufficient evidence that the COVID-19 situation had the requisite immediacy and impact to constitute the statutory 'emergency' justifying discharge, and the Chief Justice's advisory suspension of new jury trials did not, of itself, justify revisiting the earlier decision to refuse discharge; absent direct evidence of juror incapacity to adhere to oath or immediate risk, minimal interference with an ongoing jury was required.