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Parachute trial: Jury discharged after failing to reach verdict as members deny 'bullying'

Emile Cilliers was accused of attempting to murder his wife, Victoria
Emile Cilliers was accused of attempting to murder his wife, Victoria

The jury in the case of an army sergeant accused of attempting to murder his wife by tampering with her parachute has been discharged after failing to reach a verdict.

Emile Cilliers, 37, of the Royal Army Physical Training Corps, had denied two charges of attempting to kill wife Victoria and a third count of damaging a gas fitting.

But after a six week trial and almost a week of deliberations the jury at Winchester Crown Court was discharged by the judge, Mr Justice Sweeney, after failing to reach a verdict.

The Crown Prosecution Service immediately announced that it would be seeking a re-trial.

The discharging of the jury came after an extraordinary row broke out between the seven women and three men, who were trying the case and the judge.

On Wednesday Mr Justice Sweeney discharged two female members after being told that they were suffering from "stress related illnesses".

Winchester Crown Court, where the trial took place - Credit: Solent News Agency
Winchester Crown Court, where the trial took place Credit: Solent News Agency

He told the jurors in a direction that their deliberations "must remain within the proper bounds of discussion, and not amount to improper pressure or bullying".

In response, the remaining jury members produced denying there had been any "bullying" and defending themselves against the judge's remarks.

Collectively we feel we have had no opportunity to defend ourselves and our integrity which has further implications on us personally and professionally

Jury in Emile Cilliers trial

The note said: "Following yesterday's further direction, the jury returned to the deliberation room to read and discuss the direction as discussed.

"The jury unanimously agreed no such bullying had taken place, we then proceeded to further deliberations in the time remaining.

"After our dismissal for the day, a number of jurors were contacted by friends and family who became aware of press reporting implicating bullying.

"Collectively we feel we have had no opportunity to defend ourselves and our integrity which has further implications on us personally and professionally."

Mr Justice Sweeney responded by saying in a further direction that his comments had not "suggested any bullying had been going on" but had been intended "to flush it out if it had".

Emile Cilliers with his wife Victoria
Emile Cilliers with his wife Victoria

He told them: "The direction I gave you yesterday afternoon was against the background that I had discharged two of your original number as they were suffering stress-related illnesses and medical evidence showed they were not fit to continue.

"Having to discharge jurors while they are deliberating for stress-related illnesses is very rare. It may happen at one end of the spectrum through sheer bad luck or, at the other end of the spectrum, it may happen because something has gone wrong with the way the deliberations were being conducted.

"The law is clear that in these circumstances I had to make sure that it was not as a result of something having gone wrong, hence my direction to you yesterday afternoon in which you will have noted it was not suggested any bullying had been going on but it was intended to flush it out if it had."

He added: "All enquiries that I have been able to make this morning indicated that the media, for their part, simply and faithfully reported, either in whole or in part, my direction.

"Any report that reached you suggesting any adverse implication in any of the media reporting was misconceived and must be ignored and which you have now made clear that you unanimously agree that there has not been any bullying and have thus publicly defended yourselves and your integrity, albeit that was not in fact required.

"You must now put this episode completely behind you and when continuing your deliberations you must do so by way of a careful, dispassionate consideration of the evidence."

Emile Cilliers is now facing a re-trial - Credit: Solent
Emile Cilliers is now facing a re-trial Credit: Solent

But before the afternoon's deliberations were complete, Mr Justice Sweeney called the jury back into court to announce they had been discharged.

Mrs Cilliers, a highly experienced parachuting instructor, suffered near-fatal injuries when she took part in a jump at the Army Parachute Association at Netheravon, Wiltshire, on April 5 2015.

Cilliers, 37, is accused of sabotaging her main and reserve parachute and a few days earlier tampering with a gas valve at the family home in Amesbury, Wiltshire.

The defendant denied two counts of attempted murder and one of criminal damage to the gas valve recklessly endangering life.

He suggested in court that a "stranger" may have tampered with his wife's parachute and denied tampering with the gas fitting.

It is not clear when any re-trial will take place.