Juror Faces Charges For Contacting Defendant Via Facebook

A juror in a major drugs trial is facing contempt of court charges, after allegedly contacting one of the defendants via social networking site Facebook.

Joanne Fraill of Blackley, Manchester, reportedly chatted online with defendant Jamie Sewart, who had been acquitted in the case, while verdicts on other trials were still being discussed. Sewart also faces contempt proceedings because she is alleged to have asked Fraill for details of the jury’s ongoing deliberations.

Both Fraill and Sewart will appear before Attorney General Dominic Grieve in the High Court in London on 14 June, where their case will be heard by the Lord Chief Justice, Igor Judge.

One of the other defendants in the case, convicted drug dealer Gary Knox, is appealing against his conviction on the basis of alleged jury misconduct, according to a report in the Times newspaper. His appeal will also be heard by Lord Judge. If Knox is acquitted, then Fraill could face heavy sanctions.

New guidelines expected

The case has raised questions about the type of communications juries should have access to. Lord Judge is expected to issue  new guidelines, restricting jurors’ use of the Internet, which could lead to more contempt of court prosecutions in the future.

This is not the first time that a juror has disrupted a case through their use of social networks. Back in November 2008, A woman was dismissed from a trial after posting details of the case on Facebook and then asking friends if they thought the defendants were guilty. After the juror’s actions were discovered through an anonymous tip-off, the woman was removed from the case and the trial continued with a jury of 11 people.

Under the British constitution, and in the interests of a fair trial, jurors are forbidden from discussing details of cases even with their closest family members. One eWEEK reporter who did jury service earlier this year said he was told specifically not to use Twitter or Facebook to discuss any details of the trial – or even that he was on a specific jury.

Lord Judge (pictured) has been actively involved with the use of new media in legal situations. At the end of last year he gave journalists the green light to use Twitter during court proceedings, as long as their tweets do not interfere with the judicial process.

The interim guidance applies only to courts in England and Wales and works on a case-by-case basis. This means journalists have to ask for permission from individual judges, who would then determine whether the use of social media is appropriate.

Meanwhile, Facebook was used for the first time to deliver a court order in March, after a solicitor exhausted all conventional ways of trying to contact the defendant. “It is great to see that the Courts are willing to embrace new technology,” solicitor Hilary Thorpe said in a statement.