A spitting and abusive bystander has derailed the conviction of an Auckland man serving a 17-year sentence for importing methamphetamine in lava lamps.
Alex Kwong Wong had his June 2006 conviction set aside by the Supreme Court, which yesterday said the trial judge erred in allowing the trial
to go on with 10 jurors.
Two jurors were discharged on the last week of the trial.
The first left because the trial took two weeks more than expected and she had exams.
The other juror was on her way to the High Court at Auckland to hear the Crown finish its closing address when she was verbally abused, intimidated and spat upon by a man near the court.
The incident "seems to have been a random action by someone who had a connection with an unrelated trial in the same building", the Supreme Court said.
The juror was upset, so the judge discharged her and ruled the trial should continue with 10 jurors.
The Supreme Court said that it was not open to the trial judge to continue the trial with 10 jurors and a substantial miscarriage of justice had therefore occurred.
- NZPA
