Mohamad Jiaved Ruhumatally v The State and another (Mauritius)
[2024] UKPC 15
Shawn Campbell, Adidja Palmer, Kahira Jones and Andre St John v The King No 2 (Jamaica)
14 March 2024
[2024] UKPC 6
Privy Council
Four people were wrongly convicted of murder because a juror tried to bribe other jurors. The judge didn't handle the situation properly, so the convictions were overturned. A new trial might happen.
Key Facts
- •Four appellants convicted of murder after a 64-day trial in Jamaica.
- •Convictions based largely on eyewitness testimony and telecommunications data.
- •Telecommunications data obtained potentially in breach of the Interception of Communications Act (ICA) and the Jamaican Constitution.
- •Allegations of juror misconduct, including an attempted bribery.
- •Jury retired to consider its verdict late in the day, raising concerns about pressure.
- •Appeals to the Court of Appeal and subsequently to the Privy Council.
Legal Principles
Admissibility of illegally obtained evidence in light of the Charter of Fundamental Rights and Freedoms.
Jamaican Constitution, section 13(3)(j)(iii)
Judge's discretion in handling allegations of juror misconduct.
Taylor (Bonnett) v The Queen [2013] 1 WLR 1144
Standard of review for allegations of miscarriage of justice.
Section 14(1) of the Judicature (Appellate Jurisdiction) Act
Requirement for a fair trial by an independent and impartial court.
Section 16 of Chapter III of the Jamaican Constitution
Test for determining whether juror misconduct leads to a miscarriage of justice.
R v Putnam (1991) 93 Cr App R 281
Power of the court to order a retrial.
Section 14(2) of the Judicature (Appellate Jurisdiction) Act
Outcomes
Appellants' convictions quashed.
Serious juror misconduct, including an attempted bribe, created a material irregularity resulting in a miscarriage of justice. The judge's response was inadequate to remedy the situation.
Question of retrial remitted to the Court of Appeal of Jamaica.
Section 14(2) of the Judicature (Appellate Jurisdiction) Act allows for a retrial if in the interests of justice.