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| Vicky Pryce faces retrial after jury 'fails to grasp basics' | Vicky Pryce faces retrial after jury 'fails to grasp basics' |
| (4 months later) | |
| Vicky Pryce, the ex-wife of the disgraced cabinet minister Chris Huhne, faces a retrial next week over taking speeding points for him because a jury failed to reach a verdict, after suffering what the judge described as "absolutely fundamental deficits in understanding". | Vicky Pryce, the ex-wife of the disgraced cabinet minister Chris Huhne, faces a retrial next week over taking speeding points for him because a jury failed to reach a verdict, after suffering what the judge described as "absolutely fundamental deficits in understanding". |
| Mr Justice Sweeney discharged the panel of eight women and four men following more than 15 hours of deliberations, and a day after they submitted 10 questions that indicated they had not grasped the basics of their task. | Mr Justice Sweeney discharged the panel of eight women and four men following more than 15 hours of deliberations, and a day after they submitted 10 questions that indicated they had not grasped the basics of their task. |
| In more than 30 years of criminal trials, said Sweeney, he had never come across such circumstances. | In more than 30 years of criminal trials, said Sweeney, he had never come across such circumstances. |
| After trying to answer their questions, which included one on whether a juror could reach a verdict based on a reason not put in evidence before them, Sweeney said he would accept a majority verdict on which at least 10 were agreed. If they could not do so, he told them, "you must, of course, have the courage to say so". | After trying to answer their questions, which included one on whether a juror could reach a verdict based on a reason not put in evidence before them, Sweeney said he would accept a majority verdict on which at least 10 were agreed. If they could not do so, he told them, "you must, of course, have the courage to say so". |
| Less than two hours later, the jury said it was "highly unlikely" that they would reach a verdict and were immediately discharged. | Less than two hours later, the jury said it was "highly unlikely" that they would reach a verdict and were immediately discharged. |
| Pryce, 60, has pleaded not guilty to perverting the course of justice by taking her former husband's points a decade ago, claiming a defence of marital coercion. The economist and mother of five faces a retrial as early as Monday. | Pryce, 60, has pleaded not guilty to perverting the course of justice by taking her former husband's points a decade ago, claiming a defence of marital coercion. The economist and mother of five faces a retrial as early as Monday. |
| She sat chin-in-hand in the dock at Southwark crown court, showing no emotion as the jury was discharged, and made no comment as she left court. | She sat chin-in-hand in the dock at Southwark crown court, showing no emotion as the jury was discharged, and made no comment as she left court. |
| Huhne, 58, who changed his plea to guilty to perverting the course of justice on the first day of his trial on 4 February, will not be sentenced before her retrial concludes. | Huhne, 58, who changed his plea to guilty to perverting the course of justice on the first day of his trial on 4 February, will not be sentenced before her retrial concludes. |
| In the absence of the jury, prosecutor Andrew Edis, QC, had earlier urged the judge to discharge them on the basis that the questions indicated it was "ultimately unlikely" any verdict could be considered a safe and proper one. | In the absence of the jury, prosecutor Andrew Edis, QC, had earlier urged the judge to discharge them on the basis that the questions indicated it was "ultimately unlikely" any verdict could be considered a safe and proper one. |
| At that stage, before the jurors had said they were unlikely to reach a verdict, discharging them was a move "strongly opposed" by Pryce's counsel, Julian Knowles, QC. | At that stage, before the jurors had said they were unlikely to reach a verdict, discharging them was a move "strongly opposed" by Pryce's counsel, Julian Knowles, QC. |
| The jury's questions included asking whether they could speculate about what was in Pryce's head when she signed an official form in 2003 saying she was the driver when Huhne's black BMW, registration number H11HNE, was clocked speeding on the M11 as the then MEP was returning home to Clapham from Stansted airport after a European parliamentary session in Strasbourg. | The jury's questions included asking whether they could speculate about what was in Pryce's head when she signed an official form in 2003 saying she was the driver when Huhne's black BMW, registration number H11HNE, was clocked speeding on the M11 as the then MEP was returning home to Clapham from Stansted airport after a European parliamentary session in Strasbourg. |
| The jury also asked for further guidance on marital coercion in relation to religious conviction based on a wife agreeing to "obey" her husband in wedding vows, which the judge told them was no part of this case. | The jury also asked for further guidance on marital coercion in relation to religious conviction based on a wife agreeing to "obey" her husband in wedding vows, which the judge told them was no part of this case. |
| On marital coercion, they also asked if it had to involve a "violent or physical" act, when they had been told it did not. | On marital coercion, they also asked if it had to involve a "violent or physical" act, when they had been told it did not. |
| On reading the questions, Edis said: "Overall the picture is not reassuring as to the extent to which this jury has truly understood its task at this now very advanced stage of their deliberations. It's surprising they are still struggling with this very basic concept of jury trial." | On reading the questions, Edis said: "Overall the picture is not reassuring as to the extent to which this jury has truly understood its task at this now very advanced stage of their deliberations. It's surprising they are still struggling with this very basic concept of jury trial." |
| The judge had to consider, Edis said, "whether the worry this document generates is such as to create a substantial concern it[the jury] has sufficiently grasped its task to be allowed safely to continue". | The judge had to consider, Edis said, "whether the worry this document generates is such as to create a substantial concern it[the jury] has sufficiently grasped its task to be allowed safely to continue". |
| He continued: "I don't ever recollect getting to this stage in any trial, even in far more complex trials than this one, and after two days of deliberations a list of questions of this very basic kind demonstrating that at least some jurors haven't grasped it." | He continued: "I don't ever recollect getting to this stage in any trial, even in far more complex trials than this one, and after two days of deliberations a list of questions of this very basic kind demonstrating that at least some jurors haven't grasped it." |
| Edis said it was a jury that appeared to have not understood its functions. The fact the case was in the public eye should not be a reason to not discharge, he said. | Edis said it was a jury that appeared to have not understood its functions. The fact the case was in the public eye should not be a reason to not discharge, he said. |
| "What has been an important principle throughout the whole of these proceedings is that the case should be dealt with in just the same way any other case and [with] no special treatment to either of these defendants because one of the was, until recently, a former cabinet minister, and both are prominent citizens," he said. | "What has been an important principle throughout the whole of these proceedings is that the case should be dealt with in just the same way any other case and [with] no special treatment to either of these defendants because one of the was, until recently, a former cabinet minister, and both are prominent citizens," he said. |
| The judge said answers to all the questions had already been given to the jury in his written directions, and he wondered on the merit of repeating them. "I am in that position that, after well over 30 years of criminal trial, I have never come across this at this stage, never," he said. | The judge said answers to all the questions had already been given to the jury in his written directions, and he wondered on the merit of repeating them. "I am in that position that, after well over 30 years of criminal trial, I have never come across this at this stage, never," he said. |
| But he did repeat the lengthy directions in an attempt to answer their questions. Pryce's counsel had argued this was not a jury "wilfully disregarding" instructions, but one needing "additional help". | But he did repeat the lengthy directions in an attempt to answer their questions. Pryce's counsel had argued this was not a jury "wilfully disregarding" instructions, but one needing "additional help". |
| During the trial, Pryce claimed Huhne – who was seeking the Liberal Democrat nomination for Eastleigh, Hampshire, the seat he later won in 2005 – had so pressured her into taking his points that she had no real choice. | During the trial, Pryce claimed Huhne – who was seeking the Liberal Democrat nomination for Eastleigh, Hampshire, the seat he later won in 2005 – had so pressured her into taking his points that she had no real choice. |
| Huhne, a former Lib Dem leadership contender, already had nine points on his licence and faced a driving ban, she said, and told her it would all be her fault if the ban cost him the seat and his political career. He lost his licence shortly after when police stopped him while he was using his mobile phone while driving in Old Kent Road, south London. | Huhne, a former Lib Dem leadership contender, already had nine points on his licence and faced a driving ban, she said, and told her it would all be her fault if the ban cost him the seat and his political career. He lost his licence shortly after when police stopped him while he was using his mobile phone while driving in Old Kent Road, south London. |
| The points-swapping story became public only in 2011, several months after Huhne left Pryce after 26 years of marriage for a PR adviser, Carina Trimingham. | The points-swapping story became public only in 2011, several months after Huhne left Pryce after 26 years of marriage for a PR adviser, Carina Trimingham. |
| The prosection claimed Pryce revealed the speeding points story to the press to "nail" her ex-husband and destroy his career. | The prosection claimed Pryce revealed the speeding points story to the press to "nail" her ex-husband and destroy his career. |
| Huhne stepped down from the cabinet on being charged last year, and resigned as MP on pleading guilty earlier this month, leading to a byelection, which will be held next week. Huhne had earlier tried unsuccessfully to prevent the case going before a jury. | Huhne stepped down from the cabinet on being charged last year, and resigned as MP on pleading guilty earlier this month, leading to a byelection, which will be held next week. Huhne had earlier tried unsuccessfully to prevent the case going before a jury. |
| Pryce had first tried to "peddle a false story" to the Mail on Sunday that one of Huhne's constituency aides had taken his points, which turned out to be untrue, the prosecution said. She later told the Sunday Times that she had taken his points. | Pryce had first tried to "peddle a false story" to the Mail on Sunday that one of Huhne's constituency aides had taken his points, which turned out to be untrue, the prosecution said. She later told the Sunday Times that she had taken his points. |
| During the trial, Pryce said Huhne had twice tried to pressure her into having abortions because the accidental pregnancies were "bad timing". | During the trial, Pryce said Huhne had twice tried to pressure her into having abortions because the accidental pregnancies were "bad timing". |
| She said she was forced into having a termination on the first occasion, and had "regretted it ever since", but refused at the last minute on the second, and gave birth to their youngest child. | She said she was forced into having a termination on the first occasion, and had "regretted it ever since", but refused at the last minute on the second, and gave birth to their youngest child. |
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