Jury discharged after deadlock, bullying claim in dangerous driving trial
The jury in a NSW trial has been discharged after it was deadlocked and unable to reach a verdict, amid accusations of bullying among the jurors.
As the jury continued its deliberations on North Nowra man Nathan Bernhard's trial at Nowra District Court on Thursday, May 8, a note was passed to Judge Christopher O'Brien, raising concerns about behaviour within the jury room.
He read to the court the note that said: "Your honour, I wish to bring to your attention the behaviour of some of the jury members who are not being objective and/or listening to other people's opinions, to a point where I feel pressured to make a decision that I'm not comfortable with, and/or goes against the affirmation I swore to."
Another note was passed from the jury just a few minutes later, saying jurors were at an impasse and would not be able to reach a unanimous decision.
Judge O'Brien said that when the note was passed, there were signs of emotional distress among some of the jurors.
He discharged the jury, with the matter returning to be re-tried at a later date.
Nathan Peter Bernhard, 29, of McMahons Road, North Nowra, is charged with two counts of dangerous driving occasioning death over an incident on May 31, 2023, in which two of his friends died.
The men Bobby Kelsall, 36, and Stephen Lippis, 41, were both lying on the middle on the roadway in Condie Crescent, North Nowra, when they were hit and killed by Bernhard, who was driving in Isuzu D-Max ute.
The jury heard the trio had been drinking together for much of the afternoon, but as Bernhard left the address he travelled along Condie Crescent before performing a U-turn at the end of the cul-de-sac.
During an interview with police that was aired in court, Bernhard said as he headed back along the road he went around a parked truck, but when he glanced over to see if his friends were still beside the road his car hit something.
He stopped straight away, and in the rear vision mirror saw two bodies on the road.
Emergency services were called, but both men died at the scene.
When Bernhard was taken back to the Nowra Police Station a blood alcohol test revealed a blood alcohol level of 0.090, while blood and urine samples taken later at Shoalhaven Hospital recorded a level of 0.071.
The jury in a NSW trial has been discharged after it was deadlocked and unable to reach a verdict, amid accusations of bullying among the jurors.
As the jury continued its deliberations on North Nowra man Nathan Bernhard's trial at Nowra District Court on Thursday, May 8, a note was passed to Judge Christopher O'Brien, raising concerns about behaviour within the jury room.
He read to the court the note that said: "Your honour, I wish to bring to your attention the behaviour of some of the jury members who are not being objective and/or listening to other people's opinions, to a point where I feel pressured to make a decision that I'm not comfortable with, and/or goes against the affirmation I swore to."
Another note was passed from the jury just a few minutes later, saying jurors were at an impasse and would not be able to reach a unanimous decision.
Judge O'Brien said that when the note was passed, there were signs of emotional distress among some of the jurors.
He discharged the jury, with the matter returning to be re-tried at a later date.
Nathan Peter Bernhard, 29, of McMahons Road, North Nowra, is charged with two counts of dangerous driving occasioning death over an incident on May 31, 2023, in which two of his friends died.
The men Bobby Kelsall, 36, and Stephen Lippis, 41, were both lying on the middle on the roadway in Condie Crescent, North Nowra, when they were hit and killed by Bernhard, who was driving in Isuzu D-Max ute.
The jury heard the trio had been drinking together for much of the afternoon, but as Bernhard left the address he travelled along Condie Crescent before performing a U-turn at the end of the cul-de-sac.
During an interview with police that was aired in court, Bernhard said as he headed back along the road he went around a parked truck, but when he glanced over to see if his friends were still beside the road his car hit something.
He stopped straight away, and in the rear vision mirror saw two bodies on the road.
Emergency services were called, but both men died at the scene.
When Bernhard was taken back to the Nowra Police Station a blood alcohol test revealed a blood alcohol level of 0.090, while blood and urine samples taken later at Shoalhaven Hospital recorded a level of 0.071.
The jury in a NSW trial has been discharged after it was deadlocked and unable to reach a verdict, amid accusations of bullying among the jurors.
As the jury continued its deliberations on North Nowra man Nathan Bernhard's trial at Nowra District Court on Thursday, May 8, a note was passed to Judge Christopher O'Brien, raising concerns about behaviour within the jury room.
He read to the court the note that said: "Your honour, I wish to bring to your attention the behaviour of some of the jury members who are not being objective and/or listening to other people's opinions, to a point where I feel pressured to make a decision that I'm not comfortable with, and/or goes against the affirmation I swore to."
Another note was passed from the jury just a few minutes later, saying jurors were at an impasse and would not be able to reach a unanimous decision.
Judge O'Brien said that when the note was passed, there were signs of emotional distress among some of the jurors.
He discharged the jury, with the matter returning to be re-tried at a later date.
Nathan Peter Bernhard, 29, of McMahons Road, North Nowra, is charged with two counts of dangerous driving occasioning death over an incident on May 31, 2023, in which two of his friends died.
The men Bobby Kelsall, 36, and Stephen Lippis, 41, were both lying on the middle on the roadway in Condie Crescent, North Nowra, when they were hit and killed by Bernhard, who was driving in Isuzu D-Max ute.
The jury heard the trio had been drinking together for much of the afternoon, but as Bernhard left the address he travelled along Condie Crescent before performing a U-turn at the end of the cul-de-sac.
During an interview with police that was aired in court, Bernhard said as he headed back along the road he went around a parked truck, but when he glanced over to see if his friends were still beside the road his car hit something.
He stopped straight away, and in the rear vision mirror saw two bodies on the road.
Emergency services were called, but both men died at the scene.
When Bernhard was taken back to the Nowra Police Station a blood alcohol test revealed a blood alcohol level of 0.090, while blood and urine samples taken later at Shoalhaven Hospital recorded a level of 0.071.
The jury in a NSW trial has been discharged after it was deadlocked and unable to reach a verdict, amid accusations of bullying among the jurors.
As the jury continued its deliberations on North Nowra man Nathan Bernhard's trial at Nowra District Court on Thursday, May 8, a note was passed to Judge Christopher O'Brien, raising concerns about behaviour within the jury room.
He read to the court the note that said: "Your honour, I wish to bring to your attention the behaviour of some of the jury members who are not being objective and/or listening to other people's opinions, to a point where I feel pressured to make a decision that I'm not comfortable with, and/or goes against the affirmation I swore to."
Another note was passed from the jury just a few minutes later, saying jurors were at an impasse and would not be able to reach a unanimous decision.
Judge O'Brien said that when the note was passed, there were signs of emotional distress among some of the jurors.
He discharged the jury, with the matter returning to be re-tried at a later date.
Nathan Peter Bernhard, 29, of McMahons Road, North Nowra, is charged with two counts of dangerous driving occasioning death over an incident on May 31, 2023, in which two of his friends died.
The men Bobby Kelsall, 36, and Stephen Lippis, 41, were both lying on the middle on the roadway in Condie Crescent, North Nowra, when they were hit and killed by Bernhard, who was driving in Isuzu D-Max ute.
The jury heard the trio had been drinking together for much of the afternoon, but as Bernhard left the address he travelled along Condie Crescent before performing a U-turn at the end of the cul-de-sac.
During an interview with police that was aired in court, Bernhard said as he headed back along the road he went around a parked truck, but when he glanced over to see if his friends were still beside the road his car hit something.
He stopped straight away, and in the rear vision mirror saw two bodies on the road.
Emergency services were called, but both men died at the scene.
When Bernhard was taken back to the Nowra Police Station a blood alcohol test revealed a blood alcohol level of 0.090, while blood and urine samples taken later at Shoalhaven Hospital recorded a level of 0.071.
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