Juror's 'guilty' comment leads to retrial

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Saturday, March 28, 2009
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This is Lincolnshire

An errant juror's overheard comments on a tram about a businessman accused over a death crash being "guilty as hell" robbed him and his business partner of a fair trial, a top judge has ruled.

Lady Justice Hallett said the woman juror's "flagrant disregard" of the rules meant Mary Butres (47) and John Nichols (58) had to have their convictions quashed.

The Appeal Court's decision means yet more heartache for the family's of young couple, Mark Crompton and Jodie Brown, who lost their lives in the horrific 2007 accident.

Ms Butres and Mr Nichols were both released on bail, but now face a retrial.

Ms Butres was at the wheel of Nichols' Jaguar when tragedy struck on the A1 near Grantham in May 2007 as the duo returned from a Nottingham race meeting.

The prosecution claimed the Jaguar was travelling at 113 mph when it "aquaplaned" into a broken down Ford Fiesta.

Both Ms Butres, from Stamford, and Mr Nichols, from Carlby, hotly disputed that the car was travelling so fast and continue to deny the charges.

Ms Butres, who was said to be over the drink-drive limit, received a nine-year jail-term after a Nottingham Crown Court jury convicted her of two counts of causing death by dangerous driving in October last year.

Mr Nichols, who was found guilty of aiding and abetting her, was jailed for five years.

A venue and date for the pair's retrial has yet to be set, but Lady Justice Hallett agreed that both should be released on bail pending re-arraignment.

For more stories, see Saturday's Echo.

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