The jury in the Bijou Nightclub manslaughter trial has been sent home overnight after telling the judge it can’t reach a unanimous verdict.
The twelve began their deliberations this morning and sent a note to the Recorder of Bradford, Judge Jonathan Durham Hall QC, after three hours and 38 minutes, saying: “After considering the evidence the jury cannot come to a unanimous decision.”
The judge told them that he could accept a majority verdict of at least 10-2 but asked them to strive to reach a unanimous decision.
He sent the panel home at 3.45pm to return at 10am tomorrow to resume its deliberations.
“You have been working hard since ten o’clock. We all agree it is right to give you a break, and everybody else,” Judge Durham Hall said.
He told them they must cease their deliberations until the jury bailiff has been re-sworn and they are back in their jury room tomorrow.
Ciaran Spencer, 25, of Green Head Drive, Utley, Keighley, denies unlawfully causing the death of James Etherington, 24.
Mr Etherington died from a traumatic brain injury ten days after Spencer ejected him from the club in Chapel Lane, Bingley, in the early hours of November 25, 2017.
David Brooke QC, for the prosecution, alleges that Spencer used “way beyond reasonable force” on Mr Etherington.
Spencer’s counsel, Richard Wright QC, maintains that Mr Etherington’s tragic death was misadventure and not manslaughter.
The trial continues.
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