Saturday, 20 April 2013

Newcastle United fan kicked off jury as he 'couldn't give Sunderland defendant ... - Mirror.co.uk

The Newcastle United fan is understood to have said he could not give the Sunderland defendant a fair trial so soon after the bitter 3-0 defeat

A football-mad juror halted a crown court sex case just 24 hours after the Tyne-Wear derby when he branded the defendant a "Mackem rapist".

The Newcastle United fan is understood to have told fellow jury members he could not give David Blake, from Sunderland, a fair trial so soon after the bitter 3-0 defeat..

He was then instructed to inform court staff, and stood by his bias when he was brought before Judge Penny Moreland.

As a result, before hearing any evidence from the witness box, he was kicked off the panel despite the trial having opened at Newcastle crown court.

The case, which had heard the opening from the prosecution, had to be started again on Monday, meaning half a day was wasted.

At the start of every trial, jurors are given a clear warning that they must try defendants on the evidence they hear in court and nothing else.

Blake, of Sunderland, denied raping the woman - who had fallen asleep in a spare bed, alone, after a house party - but was found guilty by the jury yesterday after a four-day trial.

James Adkin, prosecuting, told the court the 44-year-old attacker took advantage of his victim's drunk and sleeping state.

When his victim contacted the police minutes after the attack, Blake told officers: "I started to kiss her, had sex with her, then she woke up."

Jurors rejected Blake's claim the woman had performed a sex act on him while he was sleeping, which led to them having consensual sex when he woke up.

Blake was remanded in custody to be sentenced next month. Judge Moreland warned him: "I require a probation service report to assist with what risk you pose to others."

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