Two juries were discharged within an hour in the Supreme Court in Launceston on Thursday as a fish trafficking matter became more of a tribulation than a trial.
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Shayne Michael Murphy and Ruahua Liu of Launceston have pleaded not guilty to one count of trafficking abalone on December 14, 2015.
Chief Justice Alan Blow discharged the first jury, which had been empanelled on Tuesday, after a juror reported flu-like symptoms on Wednesday and underwent a Covid-19 test.
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The court heard on Thursday morning that the results of the test had not been received so Chief Justice Blow decided he could not continue with 11 jurors.
"That trial is aborted," said.
Selection of a second jury began at 10.50 am with the calling of 12 names.
By the time Crown prosecutor John Ransom and defence counsels Kim Baumeler and Patrick O' Halloran had stood aside and challenged members of the first draft of jurors there were just three left.
The process of selecting nine more was not helped by the absence of two people from the panel who can expect a question from authorities about their absence.
After a full complement was reached another juror was stood aside.
Chief Justice Blow addressed the jury and the ever diminishing jury panel about the case and asked if any of the selected members felt they could not be impartial.
"I don't want you to say too much," he warned.
However, three members put up their hands and were excused after telling the judge of their reasons.
Three more were selected and made their way downstairs from the jury panel's waiting area.
Chief Justice Blow was in the process of asking if any of the latest trio felt they could not be impartial whereupon Ms Baumeler jumped to her feet.
"I want to make a submission in the absence of the jury," she said.
Chief Justice Blow replied: "We've got the whole panel waiting, can it wait."
"No, Your Honour," she replied.
The 12 jurors were asked to leave the courtroom.
Ms Baumeler and then Mr O' Halloran made submissions saying the reasons given by jurors who said they couldn't be impartial may have contaminated the minds of the whole jury and the remaining jury panel who had watched proceedings on a screen.
Chief Justice Blow granted the submission saying there was a risk that the defendants would not get a fair trial.
"Bring the jury back in," he said.
He told them that they were dismissed as was the rest of the panel.
At 11.30 am he remanded Mr Murphy and Ms Liu on bail to return on February 1, 2021 for trial.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
