26 February 1998 Edition

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McArdle jury fails to reach verdict

By Fern Lane

The Old Bailey trial of Seamus McArdle ended on Friday 19 February with the jury being unable to reach even a majority verdict after a day and a half of deliberations. McArdle, who has been charged in connection with the attack on Canary Wharf which ended the first IRA cessation, has now been returned to await retrial to Belmarsh.

SSU where he has been consistently and seriously maltreated by prison officers during his incarceration on remand. The retrial is due to begin within the next few weeks.

On Friday morning the jury informed the judge that they had been unable to reach a unanimous verdict. He instructed them that he would accept a majority verdict - although by this time one member had been dismissed for drink-related problems so the jury was down to eleven, meaning a majority decision would be 10 to 1. On Friday afternoon the foreman sent a note through to the judge stating that the jury had ``exhausted all possible avenues of reaching a majority verdict'' and were not going to be able to come to a decision no matter how many times the judge sent them out.

A number of supporters and family members who were present throughout the proceedings reported a disturbing event shortly before the jury were sent out. The Old Bailey contains a separate viewing gallery to one side of the jury which is reserved for senior police officers, civil servants, MI5 agents and so on. At least five people, including members of McArdle's family and Fuascailt reported seeing a man taking photographs of those in the public gallery. What made this particularly unusual, however, was the fact that there was no attempt to hide this activity; it took place in full view of the court during proceedings, including the judge's summing up. Apart from the obvious, heavy-handed attempt to intimidate McArdle's family and supporters in the public gallery, one also wonders what message this was intended to convey to the jury, who also had a perfect view of these antics. The matter has been brought to the attention of the relevant legal teams and a formal complaint is being made to the authorities at the Old Bailey.

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