Sleepy juror leads to overturned conviction for man jailed after bar fight

A man jailed over a Frankston bar fight has had his conviction overturned and a new trial ordered after one of the jurors repeatedly fell asleep during his trial.

Malik said the juror is “able to pay attention for maybe 30 seconds or so”, but then “you can see her eyes close and then she drops her head”.Piggott agreed, telling Judge Doyle that she had “real concerns” because the juror “appears not to be conscious”, “dropping off and then coming to”, and there was a “lot of detail” in the case.

“Your Honour, just back on the topic of the jury that we’ve been discussing,” Malik said, to which Judge Doyle responded: “Well, there was one point that I paused, and she rallied.” In June 2004, Rafael Luis Cesan and Ruben Mas Rivadavia were each found guilty in Sydney’s District Court, the equivalent of the County Court in NSW, of conspiring to import a commercial quantity of ecstasy.

The Court of Appeal found Hayden Doyle’s conviction couldn’t hold because the juror did not pay attention to evidence presented at trial, and, in particular, the evidence of the accused.

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