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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> KS, R. v (Rev 2)  EWCA Crim 2377 (17 November 2009)
Cite as:  Crim LR 643,  WLR 2511,  1 Cr App Rep 20,  1 All ER 1084,  EWCA Crim 2377,  1 Cr App R 20,  1 WLR 2511
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ON APPEAL FROM THE CROWN COURT AT Y
HIS HONOUR JUDGE X
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE PENRY-DAVEY
MR JUSTICE KEITH
|- v -
Mr J K and Mr N C for the Crown
Hearing dates : 14th October 2009
Crown Copyright ©
The Lord Chief Justice of England and Wales:
"…(b) inform the parties of the grounds on which he is so minded,
(c) allow the parties an opportunity to make representations."
"The immediate attraction of the argument is plain. If correct however it would produce a remarkable outcome. It would mean that the court's ability to discharge the jury because of jury tampering and order trial by judge alone could never be exercised if the evidence of the real and present danger were so sensitive that it could not be disclosed to the defendant. In short, the process could not apply where the actual potential interference with the jury was of the most serious or sophisticated kind, and where, for example, disclosure of the evidence might imperil life or health…in such cases, faced with an order for disclosure, the Crown would be left with no alternative but to discontinue the prosecution. If so the objective of the jury tampering would have succeeded…we agree that the evidence should be disclosed to the fullest extent possible, but it would be contrary to the legislative purpose to make an order for disclosure which would, in effect, bring the prosecution to an end, and enable those who had been involved in jury tampering to derail the trial… "
- "He undoubtedly has reason and, by virtue of his criminal associates and the availability of substantial proceeds of crime, the means, to arrange for a jury to be 'fixed'."
- "The Inland Revenue have no record of him and he has never paid tax. He is a career criminal…"
- "Due to the crimes circle that [the appellant] moves in and his associates…"
- "Whilst living (in Spain), he was placed under investigation by the authorities and he was linked to (an operation), which involved money laundering the proceeds of Class A drug importations. As a result, there is an outstanding extradition request, lodged by the Spanish authorities…"
- "It is, of course, believed that this 'gambling' is merely a device to launder the proceeds of his criminal activity."
- This Organised Crime Group have already corrupted a serving and senior customs officer. [The appellant], in particular, has been personally involved in the corruption of a senior bank official."
"Save in unusual circumstances the judge, faced with this problem, should order not only the discharge of the jury, but he should continue the trial",
and to the further observation that the fact that the judge "has been invited to consider material covered by PII principles, whether during the trial, or in the course of considering the application, should not normally lead to self disqualification".