A JURY in a Tamworth murder trial has been discharged on the second day of hearing evidence after the judge was made aware of a “significant matter” concerning a juror.
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Justice Anthony Payne discharged one juror in Tamworth Supreme Court on Wednesday morning – just a day after Troy Jason Ruttley’s trial for murdering Johann Morgan opened.
Ruttley is accused of murdering mother-of-eight Johann Morgan on or about August 9, 2015. Her body has never been found.
After discussions with both the Crown prosecution and the defence, Justice Payne told the court he was very reluctant to discharge the remaining 11 jurors but said Ruttley was “entitled” to have his case heard by 12 willing jurors.
The reasons for the juror being discharged have been suppressed for legal reasons but Justice Payne told the remaining jurors “one of your number was concerned” that they could not “properly fulfill” their obligations.
He said the juror brought a “significant matter of concern to my attention promptly”.
“It's very regrettable that the matter that came to attention [on Tuesday] was not known [on Tuesday morning],” he told the remaining jurors. “I'm sorry it's ended this way.”
It's very regrettable that the matter that came to attention [on Tuesday] was not known [on Tuesday morning] ... I'm sorry it's ended this way.
- Justice Anthony Payne
Justice Payne ordered a new jury and a fresh trial, to commence on Monday, with the case expected to run for more than three weeks.
“I will discharge this jury,” Justice Payne told the court. “I do that very reluctantly.”
The jury of four men and eight women had been empanelled on Tuesday and had already heard from five witnesses, including Stephanie Morgan – the sister of the alleged victim.
The Crown maintains Stephanie Morgan was the last person to see her sister, Johann, alive after they had been drinking at her Cole Rd house in Tamworth on August 9, 2015.
I will discharge this jury ... I do that very reluctantly.
- Justice Anthony Payne
Stephanie told the court she was drinking in the kitchen with her sister, Ruttley as well as Ralph Morgan and others had dropped by the house that afternoon before she left Ruttley and her sister.
It’s the Crown’s case that Johann Morgan’s bank accounts or Centrelink payments have not been touched since she went missing.
They also allege several blood stains found inside and outside of her Cole Rd home are consistent with her DNA. Ruttley has pleaded not guilty to murder but concedes he burnt a white Mitsubishi station wagon on the outskirts of Tamworth.