KEY POINTS:
A student has spent a night in the cells after failing to turn up for jury duty for a major trial.
The 19-year-old has also been fined $300 - the largest possible penalty for the offence - after Judge Michael Crosbie said he had caused "tens of thousands
of dollars of inconvenience".
The six to eight week Operation Rhino trial at Christchurch District Court is starting again today after losing two days because Brian Russell Cairns would not attend.
He had been selected, taking his place in the jury box, and taking his oath as a juror on Monday.
But during an adjournment he had gone to the counter with a letter seeking to be excused, but staff who dealt with him there had not known that he had already been selected, she said.
Trial Judge Michael Crosbie said he had told the assembled panel on Monday morning that it would be a long trial and the process had been explained for people who might be unable to attend.
Cairns had said nothing at that stage to the judge or court staff, nor had he raised the problem when the jury retired to select its foreman.
He did not return to court when the trial was due to start at 2.30pm on Monday.
The judge ordered police to deliver him a letter at home that day, and this was done. It told him to be at court at 10am next morning.
At 8.10am on Tuesday morning, he phoned the court and was again told to be there.
He did not attend, and police arrested him later in the day and held him in custody overnight.
Duty solicitor Denise Johnston said Cairns accepted that he had not returned to court after selection and an adjournment on Monday.
His education course required a certain number of hours and he had put his course commitments ahead of being empanelled on the jury.
Judge Crosbie told the Cairns that the whole jury panel of 150 people had had to be reassembled today so that a new jury could be chosen and the trial could start again.
"The result of your actions has been tens of thousands of dollars of inconvenience," he said.
"All these people who were in Court 6 on Monday are now back there for the whole process to start again because of the decisions you made.
"We have lost two days. You have inconvenienced all the accused, inconvenienced about 20 lawyers, inconvenienced the court.
"While I might accept there is a certain amount of naivety, on the other hand your actions are simply contemptuous."
Operation Rhino involves 11 accused facing a total of about 140 charges relating to police surveillance and raids on what they say was a theft ring targeting new homes around Christchurch. Evidence will be heard from about 150 witnesses.
Judge Crosbie fined Cairns $300 plus costs of $130.
- NZPA
