THE trial of PC Andrew Harper has been adjourned after a third juror went into self-isolation after her 91-year-old dad tested positive for coronavirus.
PC Harper, from Wallingford, was killed in the line of duty on August 15 last year.
He was lassoed around his ankles by a tow rope trailing behind a car and was dragged for more than a mile at speeds of up to 40mph.
Three teenagers deny his murder, the driver of the car Henry Long, 18, and two 17-year-old boys who cannot be named for legal reasons.
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This morning at court the judge, Mr Justice Edis, told the Old Bailey that he was dismissing the jury and that the trial would not continue until at least June later this year.
He explained that he was ‘deeply sorry’ for those who loved PC Harper, who would have been 29 yesterday, and said that he was ‘conscious’ of the need for the trial's conclusion for them.
He told the court: “It is with great regret that I have decided to discharge the jury, and to adjourn this trial.
“After rejecting applications to discharge the jury when it was necessary to discharge two jurors last week for reasons connected to the Covid-19 epidemic, I have now decided that it is not sensible to carry on. This is because a third juror is self-isolating.
“Her 91-year-old father tested positive for the virus over the weekend and she is required to self-isolated for 14 days. When she contacted the court yesterday, she was herself not suffering any symptoms and I very much hope this continues.”
This was the third week of the trial, which was expected to carry on until at least mid-April.
This week, the defence team were expected to outline their version of events – with the three defendants giving evidence about what happened that night.
The judge continued: “Although the law permits a trial to continue with nine jurors, this trail has not yet reached the end of the prosecution case and there are three defendants each of whom has the right to give and to call evidence.
“The trial cannot finish in the immediate future and the risk that we will lost another juror, or some other person who is essential to its continuation is so high that I have decided that is it no longer in the public interest to take the risk of continuing to convene a court.
“I also consider that a case of this importance should, if possible, be decided by a jury with more than nine members. That is a decision specific to this case and not any application to other case.”
He added: “I have taken this decision with a heavy heart because I am acutely conscious of the need of those who loved Police Constable Harper, who would have been 29 yesterday, for this process to come to a conclusion. I am deeply sorry for them.
“I know also that the colleagues who dealt with the events of that terrible night and who have given evidence will also suffer additional distress because of what has happened.”
The judge also thanked the jury who ‘showed a remarkable level of commitment’ as well as ‘public spirit’ and ‘courage’.
He added: “I have discharged the jury and the case will be listed on the 1st of June for a review hearing. If it is sensible to list it before that, then this is what will happen.
“I wish good health to all those who have been involved in this trial and send everyone my best wishes to them and their families.”
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