2.5k fine for Perth juror who collapsed firefighter sex assaults trial.
Ruaridh Bandeen was held in contempt of court after searching for material on his phone and sharing it with other jurors.
A jury has been fined £2,500 for collapsing a sex assault trial by turning detective during deliberations, inflicting “significant and unnecessary expense” to the public purse.
Ruaridh Bandeen, an Edinburgh University graduate, was chosen to serve on the jury in Perth Sheriff Court’s trial of local firefighter Jamie Scott, who is accused of stalking, sexual assault, and assault with intent to rape.
The trial lasted a week in September, and jurors heard evidence from all three of Scott’s victims, including one lady who described how he tried to take her down an alleyway.
On the second day of jury deliberations, the trial was called off after court authorities received a complaint from a juror that Bandeen had looked up information on his phone and shared it with the rest of the group.
The 31-year-old, who had studied philosophy and psychology at university, had searched Google for legal definitions and scientific data on victim trauma.
Bandeen was held in contempt of court when Sheriff Jennifer Bain KC decided that his activities violated her “very clear instructions” at the beginning and end of each trial day.
Scott’s trial was rescheduled for this month before a new sheriff, and all three victims were required to testify in front of a new jury.
Returning to court for sentence, Bandeen was stated to be “full of remorse,” having just misinterpreted the sheriff’s instructions.
‘Catastrophic consequences’
According to defence counsel Alistair Sloan, “Mr Bandeen understands fully the seriousness of the matter that brings him here today.”
He stated that his client’s “misunderstanding” had “catastrophic consequences for all involved”.
Mr Sloan handed them a handwritten note from Mr Bandeen, which expressed his profound and genuine regret. “It was a genuine attempt to assist other jurors,” he told me.
This was a legal question that should have been sent to the sheriff.” Mr Sloan stated that his client had not sought up information on people or places directly related to the trial.
Sheriff Jennifer Bain KC, who presided over the failed trial, told Bandeen: “Your actions resulted in the trial being abandoned.
“Both the Crown and the defence agreed that the fairness of the procedure had been undermined by the information you introduced.”
‘Significant and unnecessary expense’
The sheriff stated in her introductory remarks to the jury that they were “not detectives” and should not conduct their own investigations.
“You knew the jury had to obey my instructions and not whatever you discovered on the internet. “You disregarded my instructions, causing prejudice to the administration of justice.
“The jurors had to be fired, and a fresh trial was required. “Crown witnesses, including three vulnerable witnesses, were had to testify twice.
“The valuable time of the other members of the jury, the court, the witnesses, and the legal representation has been wasted. “The public purse had been put to significant and unnecessary expense.”
Fining Bandeen, the sheriff acknowledged that he did not want to do injury, but that he was careless, saying:
“There was no planning or premeditation on your side. “You have accepted contempt, you have apologised and you have expressed significant remorse.” Scott’s second trial ended this week, with reporting restrictions in effect until the end of the hearing.
The former Perth firefighter was convicted of attacking a lady in Dundee with the intent to rape and sexually assaulting two other women, one of whom he pursued for nearly four months.
Scott, 34, was added to the sex offenders registry, remanded, and will be punished next month.
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