New trial for doctor after jury discharged

Press, 28 January 1986, Page 4

New trial for doctor after jury discharged

The trial of a Christchurch medical practitioner, which was expected to have lasted more than a week, came to an unscheduled end after half a day, in the District Court yesterday.

The trial was abandoned and Judge Fraser discharged the jury at the beginning of the afternoon session, after he was told that the third witness to be called knew one of the jurors.

The defendant, Keith Robert John Cameron, aged 49, had denied 18 charges of theft of drugs, including methadone, morphine, and valium from a patient, Owen Cameron Smart (now deceased); and five charges of obtaining drugs from a

pharmacist, William Raymond Dobson, . by falsely representing that they were for Mr Smart.

The charges related to June and July last year.

Evidence was that Mr Smart, aged 60, had suffered from terminal cancer and a brain tumour from January last year. He died.in August The Crown had alleged that Cameron stole drugs which were prescribed for Mr Smart, and also obtained drugs from the McCormacks Bay Pharmacy, owned by Mr Dobson, by representing that they were for Mr Smart.

The Crown, represented by Mr S. G. Erber and Mr C. M. Ruane, was to have called 16 witnesses. Judge Fraser had told prospec-

■five jurors during the empanelling that the trial could continue into next week.

Mr J. N. Hampton and Miss I. M. Mitchell appeared for Cameron.

After two witnesses were called yesterday morning, a principal witness, Russell Owen Smart, a son of the late Mr Owen Smart, was called. The luncheon adjournment was taken soon after he began his evidence, and before the resumption at 2.15 p.m. he advised counsel that he knew one of the jurors. After counsel had met the Judge in chambers, the Judge reconvened the court, and discharged the jury. He said there was not

the slightest reason to suppose that any jury would be improperly influenced by a factor such as this. However, it was a fundamental principle of the system of justice that justice must not only be done, but must be seen to be done.

The only course open to him, in the situation that had developed, was to discharge the jury and resume the trial before a new panel, the Judge said. While this was regrettable, it was not the fault of anybody. It was a necessary step towards ensuring a completely fair trial, the Judge said. He remanded Cameron on bail pending the fixing of a date for a new trial.