Wilson asks for jury trial in 11th-hour change of mind

Stewart Murray Wilson - 22nd February 2013 PHOTO/FILE

One of the country's most notorious sex offenders was due to be tried before a judge for breaches of release conditions yesterday but changed his mind at the last minute and asked for a jury trial.

Stewart Murray Wilson, who was last year paroled after serving 18 years in prison for various sexual crimes, appeared before Judge Chris Field in the Whanganui District Court charged with two breaches of release conditions.

He is accused of using his cellphone in February to call a female he was instructed not to contact.

At a previous appearance, Wilson had pleaded not guilty and elected a trial before a judge alone, which was set for yesterday. However, he informed lawyer Andrew McKenzie late on Monday he wished to be tried by a jury.

Mr McKenzie said his client had the right to elect a trial by jury at any time before the trial began. "The Crown application to block Wilson's election is, in my view, misguided," he told the court.

Crown prosecutor Harry Mallalieu, appearing for the Department of Corrections, acknowledged Wilson had the right to elect a trial by jury but the question was whether he had changed his mind "on a whim" two days before the fixture.

"The point is whether or not Mr Wilson is abusing that right. It's my submission that Mr Wilson is abusing the process."

Judge Field said a defendant's instructions to their counsel regarding trial election could change before trial and, in Mr Wilson's case, they clearly had.

One of the charges had to be amended due to an incorrect date, which was initially opposed by Mr McKenzie as it could be prejudicial. He later told the court his objection was based on "lateness" on the part of the prosecution.

Wilson sat in the dock throughout proceedings but stood when the amended charge was put to him, and confirmed to Judge Field he wanted a trial by jury on both charges.

The case will come up for a post-committal conference on January 9.