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A Muslim juror faces a possible prison sentence after being discovered listening to an MP3 player under her hijab headscarf during a high-profile murder trial.
In what is considered the first case of its kind, the woman was arrested for contempt of court after another member of the jury passed a note revealing the indiscretion to the judge, Roger Chapple.
The judge - who previously suspected that he had heard "tinny music" in the background, but dismissed it as his imagination - called the woman into court on her own, and said: “You are going to be discharged from this jury. You will play no further role.”
A police officer then stepped forward and escorted her from court. Outside the woman - who is in her 20s, but cannot be identified for legal reasons - was searched, the MP3 player was found and confiscated, and she was arrested. Contempt of court carries a maximum sentence of an unlimited fine and indefinite imprisonment.
Outside the court Ben Maguire, a barrister representing the prosecution, said that it was a "bad contempt" and prison would be the "likely outcome".
“It is unique for all those who are connected with this court to experience a situation where the juror is suspected of listening to a MP3 player under her Islamic headgear," he said.
“Also, it is exceptional for a juror to appear entirely uninterested in the evidence. It is a bad alleged contempt. If contempt is upheld, I would have thought that prison would be the likely outcome,” he said.
The arrest of the juror - which is considered so rare as to be almost unheard of - took place last Wednesday, although it could not be reported until today when the judge lifted a news blackout on the case.
When caught listening to music she was meant to be hearing vital evidence from Alan Wicks, a former businessman on trial for brutally bludgeoning his disabled wife to death after 50 years of marriage. He was later found guilty.
During the trial, members of the jury sitting on the case had become increasingly concerned about the behaviour of the woman, who it emerged had repeatedly tried to avoid legal service.
Weeks earlier, she managed to postpone her first summons. She then answered a second, only to successfully plead toothache two days later.
When the third arrived, and she learnt she had been selected for the Wicks trial which she was told could last up to five weeks, she asked to be excused so she could go job hunting. She mentioned a nursing course she was interested in, but after failing to provide details, she was ordered to serve.
However, problems were reported to have started almost immediately with the first of a number of late arrivals at court, prompting Judge Roger Chapple to repeatedly asked her to change her ways.
The woman continued to arrive late, and left lawyers wondering whether she was “in a world of her own”. Some of those in court became convinced she was doodling instead of reading important documentary exhibits distributed to her and fellow jurors. Neither did she bother putting them away into lever arch files provided for the purpose.
On Tuesday last week, prosecutor Peter Clarke QC asked for her to be discharged, but the judge rejected his application, pointing out the “random selection of jurors was a very important aspect of the trial process”.
Then, last Wednesday, it emerged that she had been listening to her MP3 player, and was discharged and arrested. She was later bailed until July 23, when her case has been listed for a directions hearing before Blackfriars’ senior resident judge Aidan Marron QC.
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I think alot of people here are over reacting abit!...i wear a hijab n i have jury duty coming up in a couple of months and just because i'm a british citizen does not mean i want do to it! don't use the excuse that because she's an imigrant she should be grateful to do jury duty! know one likes doing jury duty whether they're white, asain or black! and before anyone starts saying that i should be grateful to be here i'm telling you from now i'm not an imigrant! british people complain about other races taking over their country and not respecting them when they do the same! I'm a white muslim but because i wear the hijab i have people telling me to go back to my country...how does that make sense when this is my country?
lou, roehampton,
This is way too overboard. Prison for not paying attention? Gimme a break. And I thought Islam was supposed to be harsh with criminals. I just hope people don't use this as a catalyst to try and ban the headscarf. It had nothing to do with that...the woman was wrong in her actions, period.
hi, richmond hill,
Yeh ok it was wrong of her to do what she did but come on a jail sentence is a bit harsh don't you think!!!
Fozia, Derby UK, uk
No religious extremist should be allowed to sit on the jury bench, teach, be police officer, doctor, social worker or in any position of trust.
Head scarf wearing, veiled women and men in traditional marriages who observe the 5 times/day prayers, which interfere in daily activities such as school and work are religious extremists!
Haram Hareem, UK,
The sooner the hijab is banned in public buildings in this country the better. It is not a requirement of Islam. I have lived in the Middle East for years and have many educated Muslim friends, most of which do not wear this item on their heads! They believe that your behaviour as a Muslim is more important than a "token" scarf.
Barbara Cecil, London, UKJ
I hope the judge gives her the same punishment he would give to a "non muslim" and isn't influenced by positive discrimination.
Her behaviour is totally unacceptable.
Janet, Cheshire,
To be honest I'm really surprised. I would have thought that all jurors are searched before entering the courts but I guess I was wrong. I'm actually more surprised at how much this issue has been blown out of proportion, from describing her as an ungrateful person to her being completely innocent. To be honest you are playing with fire to decide to listen to music or anything else other than the information being given in court. That's not to say its bad to 'dose off', but does say the fact she actually had an mp3 player is suggesting something... Although the Times hasn't actually said what the woman herself is saying in her defense. Repremand her, discipline her with a ban from jury duty or even a fine, but sending her to jail is an absolute joke, I guess all the prostitues and drug-dealers whom the police know of are making a better contribution to society according to anyone who thinks jailing her is a solution.
Judah, London,
I do not believe that Islam is to blame here as she acted on her own volition. She should be sentenced to prison for her crime which would also serve as an example to others who want to try the same thing, without the use of her MP3 player while in prison of course.
I do however believe it is another example of why we need to restrict clothing worn by people in a courtroom to ban anything that covers the head, face or ears to ensure nothing untoward goes on but also that long hair should be tied back so the ears are uncovered.
People who try to claim this incident is an attempt to victimise Islam have rather sizeable chips on their shoulders and should grow up.
Adrian, Birmingham, West Midlands
Well, I have to say that sending her to jail would be really sad for her family, but she is in her 20's? Come on, if she is old enough to wear hijab and understand that deep meaning of just that, then she should understands the laws while she is a juror. Its not like she was sitting in the stands just listening and got bored. NO, it was a MURDER case for God sakes. She should have known better, now this little thing will be another point against the muslims. Dont worry the media will find a way. I know she is human but dont make it seem like she did "nothing wrong". Maybe this happened so the next 'sharp one' won't make the same mistake. May Allah be with her and her family. Inshallah khair.
Nadia , Altadena, CA
The fabric of British society is its diversity and multiculturalism, steeped in the ability of people to practice their beliefs freely, at present. Why suggest to remove that?
Aliya, Leeds,
Aliya - No No No - British society is NOT its diversity and multiculturalism....these 2 features are divisive and destined to be disappear.
Daniel K888, Melbourne, Australia
it has nothing to do with the hijaab just because someone is caught with wires next to their neck or ears does not mean that they are listening to music!!!!
listening to music has nothing to do with hiding under the hijaab. people who say that the hijaab should be banned must think twice as they are underming the muslim religion
anica, london, UK
Prison would be too harsh. A first time dwelling house burglar could escape with a community sentence. Lets all be sensible, we know nothing about the personal factors/ mitigation of this juror. Lets not pre-judge. Let the natural course of justice take it's course. PS, more should be done to ensure that jurors in the future are warned about such behavior.
Defence Solicitor
ADNAN HANIF, BURNLEY,
Pathetic! To want to imprison someone for not concentrating! What if my attention fails me during a court case? Should I be sent to jail?
The only criminals here are the ones wanting to prosecute her. A legal system which takes itself this seriously is a joke.
How about removing her from the jury and sternly reprimanding her?
The UK's legal system brings shame to the Western world. But don't worry, the US is keen to follow - "prosecutors" there want to imprison a man for attempting to avoid jury duty - the mind boggles at this, because his unwillingness would make him a bad juror anyway!
Wynand, Durban, South Africa
This is not an Islamic issue, it's an irresponsible git issue. The woman was clearly stupid and thoughtess enough to believe she could get away with this. Well, breaking news: there are stupid and thoughtless non muslims too who could easily have tried the same thing with different headgear. Bet that wouldn't have got so many foaming at the mouth.
John , Monmouth,
It's not about her headscarf! It's about her lack of cooperation. Those of you who say that her wearing a headscarf in a court of law is inappropriate: shame on you. This country has no official religion, but we do have a constitution that allows us to display our religious affiliations. Christianity is not the law, nor is it patriotic. This is not to say that failing to give your utmost attention during jury is not reprehensible.
Besides, I used to listen to my ipod under my hooded sweatshirt in high school all the time, and it's safe to say that I didn't do it because I'm Islamic.
Thomas, Hanover, NH
What was she listening to?
Bananarama?
"Guilty!! Of love in the first degree..."
Owen Dowling, London,
This woman lives in the UK and enjoys all the benefits and privileges of residence. That she should refuse to take part in a matter of such vital importance to the accused is disgraceful; how would she feel if her brother was in court for, say, a driving charge and a juror refused to take any interest in the case? Her wearing of the headscarf and her refusal to embrace the society, which has made her welcome is a shameful insult to her fellow Muslims and citizens.
BenR, Blackburn, Lancashire, UK.
Obviously she's got the volume turned up way too high. It's so loud that the judge could hear it. She should have bought better earphones. There are those with long "cones" that fits inside the ear canal. The better to block out external noise, like witnesses talking.
Can't really blame her. In her pace, I might have tried the same thing. But I would have tried harder to get out of jury service in the first place. She shouldn't have plead toothache. I would have claimed partial deafness, from too much mp3 at max volume.
Daniel Khoo, KL, Malaysia
i cant believe how people are saying all this without even knowing any proper facts. nobody has the right to judge anyone, was any of you people in the courtroom at the time?? answer is no!!.
how would you feel if people were to judge you just because of what the media stated something does not mean that it is true at all. they do not have evidence of what occured at the time so it is not a nice thing to get accused of something when it aint true.
anica, london, UK
Whether she or anyone tries to say her religion, culture or background is responsible, it isn't. She did a bad, bad thing and showed contempt for a very serious trial. She did. Not her clothes, not her priest, nor her culture.
The comments about her religion and dress are no more appropriate than saying that women shouldn't be allowed on juries, or people with brown eyes, or people under 5' 7".
David, London,
This is a case of an immature 20 year old who had no desire to take part in this jury and who should be punished for her actions but not a reason to ban the wearing of the hijab, which is required to be worn in Islam and is supposed to represent modesty and true submission to God. Offcourse the media will jump on the topic of banning the hijabs out of this case but why not ban bringing in MP3 players in courts. If they are already banned, then how come the MP3 player wasnât caught earlier? Or better yet, just punish the woman for her clearly insulting actions and leave it at that.
Sam, Waterford, USA
I wonder if she'll be allowed her MP3 player in prison?
Bodgejob, Oxford,
It's hilarious how some people harp on the hijab aspect, while others harp on the juror aspect. What I love about this is that finally, someone who listens to their music so loudly that other people can hear it finally gets what's coming to her. If she'd've just been a little more considerate and kept the volume down, no one would have heard and no one would have known.
Kay, New York, NY, USA
Contempt of court? Since the wearing of a hijab indicates she is a follower of Islam, she should be judged on the basis of Islamic jurisprudence. The penalty for listening to music... beheading, no?
Rob, NY, USA
I find it really disturbing that the automatic response of so many commentators here is to focus on this woman's religion and her hijab. She may have behaved atrociously, but her behavior is not a consequence of her religion. Had she been a catholic nun listening to her music under her habit, no-one would be suggesting that catholicism in general, or nuns in general or habits in general should be banned or shunned.
Comments that suggest that this woman's behavior is a reflection on Islam display both a stunning lack of intelligence, and a fundamental bigotry. Both of which are extremely unattractive.
Emma, London,
This garment is inappropriate over here and this example demonstrates the wearer's contempt for this country and its legal process. I'm glad that the matter is being treated as a serious breach of the law.
Bob, Stafford,
The fabric of British society is its diversity and multiculturalism, steeped in the ability of people to practice their beliefs freely, at present. Why suggest to remove that?
Aliya, Leeds,
The religious clothing is irrelevant, it is the behaviour of the juror that was disraceful. Nothing to do with religion.
David Ramsbotham, Sheffield, South Yorkshire
If her case goes to trial, I do hope members of the jury, the judge and counsel for both sides will listen to mp3 players throughout. I think she's rather waived her Article 6 Right to a Fair Trial...
Lemuel Gulliver, Lilliput,
Perhaps the proceedings of the trial should have been made available as an iPod downdoad.
Anthony Higham, Edenbridge, Kent
this is un-beliveable we are taught to respect and live with other religions and belifs but this is a complete lack of respect towards our soceity and us as people.
This shows exactly the attitudes towards us and begs the question why are we so lenient you want to live in our country obey our rules, i have to.
In a case like this religion and race should have nothing to do with anything that is why jury selection is the way it is but this woman thinks she is above it. Disgracefull !
It's another notch in the belt of society's break down
Dave, Northampton,
No need to overeact by banning the hijab or changing a foundation stone of our great system of justice, the jury trial. Idiots can be found wearing a hijab, a trilby or a baseball cap and come in all colours and backgrounds. Juries are a cross section of society and so we must expect the idiot or two. Jurors can often be seen asleep during a trial. Judges must take strong action when a juror treats the system with contempt either in court or in the retiring room. A Suspended sentence is appropriate.
Akhtar Islam, London, United Kingdom
Surprising as it is, I am appalled at the particular juror's conduct. The epitome of the jury system in our courts is to maintain impartiality whilst enforcing the law.
Listening to an MP3 player when one should be listening to crucial evidence is a complete and utter disregard, for which one must face the consequences.
However, I am of the opinion that the possibility of imprisonment in this context is remarkably severe. Although I am in no way condoning such conduct, I am reserved as to whether such a harsh penalty is appropriate. Perhaps a fine or community service may correct this behaviour.
N M, Derby, UK
This is disgracful behaviour!!!!! I am a muslim girl myself and am ashamed. She has put forward a bad name for all the muslim women who wear a Hijab. Fair enough you want to listen to your MP3 player. BUT IN COURT WOMAN? No this is a BIG BIG shame. I now feel for every women out there who wear a Hijab. How much trouble she had caused for them. Now everyone will think every woman with a hijab is TROUBLE!. Thanks X
zara, watford, UK
Finally! A public display of "hinderance to justice" Now perhaps we can stop being so "sensitive" and stop allowing such clothing into the courtrooms.
Peter, Portsmouth,
Again, a perfect example as to why hidjab's should not be allowed in court.
She has just proved all of us who disapprove of it , right , & let down her own womens cause.
Maggie Millington, Brittany, France
I bet she'll take her next court appearance more seriously...
huw, London, UK
Haaaa Haaaa Haaaa. That's frickin funny. Who cares, I've seen people fall asleep during trials.
Steve Sanford, Liverpool,
Why should she be so interested in British law, when she obviously follows the Sharia? You Brits should start conducting your legal proceedings in Arabic, and forget all this Common Law rubbish. And yes, I'm being funny.
Bill, washington dc,
Another bad hijab story. It seems no hijab story is good news!
Sajid Hussain, Wakefield,
This is absurd. This young girl is an embarrassment to society. Not only does she clearly have no respect for anyone else, she used her own religious dress as a means of avoiding responsibility and obligation.
People need to realise there are consequences to their actions, and I truly hope this woman gets the jail time she deserves.
I would like to know how she would feel if someone listened to music during the murder trial of one of her family members.
I bet she would be more than a bit annoyed.
Autumn, London,
if people want the priveledge of being part of this country, they should accept the responsibility as well.
David Colborn, Wigan, Lancashire
She should be jailed, not for contempt of the Crown Court, but for fuelling the bigotry of David Michael and others like him.
MARK ANDERSON, London,
Would "long haired bloke hides mp3 headphones under hair" have received as much attention from The Times?
Joe, brussels, belgium
This is not only an abuse of Islamic clothing but also lack of respect of court and showing lack of concern to the families of the victim and the accused who all hope and expect that justice will be done.
Naheed, London,
It shows the contempt that some of these people have for our justice system
r doyle , liverpool, england
This illustrates the thin edge of wedge. Before long these women will be demanding separate lines at immigration so that they do not have to reveal their faces to men, refuse to have photos taken for driving licences, and on and on. All standard fare in strict Islamic countries. And guess who will foot the bill.
P. Sewell, Swindon, Wilts
The religion of Multiculturalism at work.
Malcolm, Darian,
She made made a mockery out of the court and out of the British people in general. We are made out to be against the Muslim religion and how we do not try and understand the religion if we were to ask her to remove the hijab. Yet she uses her religion..the same religion she would protect gainst others...to hide the fact she was listening to her mp3 in court...
Viet, Birmingham, West Midlands
I know that it will be escalated into a race related issue but from my experience of 20 somethings that contempt of court is something that a lot of them would want to do but couldn't get away with. Because of her headress she could get away with it - or so she thought. The problem is that a lot of 20 somethings now are the equivalent in maturity to early teens of a few years ago.
Bernard, Brussels,
Bang her up and make her listen to whatever was on her MP3 player through speakers 24/7!
Jim Moriarty, Blackpool, Lancashire
This is my take on the whole affair:
http://irenelancaster.typepad.com/my_weblog/2007/07/integration-bri.html
Dr. Irene Lancaster, Haifa, Israel
I think that it is inexcusable what this juror is alleged to have done. If anyone shows contempt to the court and the legal process, there should be a mandatory prison sentence....but this particular case deserves a prison sentence for contempt to Islam too.
It is people like this, who are bringing Islam into further disrepute at a time when it needs to project a positive impression in the West. One that reflects all the goodness that many of the better Imam say is inherent in the true faith. I think people who use the modesty rules of Islam for terrorism , or (as in this case) for selfish purposes are only creating more problems for their muslim brothers and sisters...indefinite prison, you say? Well....
Tim, Napoli, Italy
I wonder if she'll be so bored at her own trial, somehow I doubt it!
Sally, southampton,
Yet another reason why such clothing should be banned in UK. It forms no part in the fabric of British society or life. People like this will always use the over lenient attitude of PC Britain to their own advantage ...
David Michael, London, UK
complicated criminal trials should not have juries who are unable or unwilling to put in the necessary rigour needed for such duties
monica choudhury, woking, surrey
What a scary story. To think that this someone like this was responsible for deciding whether or not a defendant was guilty of a brutal murder when she obviously couldn't care less and would have no doubt voted on a whim if she hadn't been found out! It's enough to make you question the validity of the jury system.
Rebecca Tarn, London, UK
Is'nt this just the thing that you would expect to happen,
What in the world is going on here in England,when people do not integrate into society or do not want to,or keep up our hard won right to a fair trial.
Do we want them here snubbing their noses at us and our judiciary and democratic way of life.
No, I personally think we should encourage these citizens to leave and find somewhere more to their liking
peter hirst, cockermouth, cumbria
I wonder if she will pay attention and listen when she is on trial?
Tom Kelly, Thames Ditton,
Chavs.
They come in every colour and in an ever increasing variety of clothing.
Chris, Worthing, England
It defeats the purpose of having a Jury where one of them within is not part of the society at large, which the Jury is suppose to represent. Why have someone who is merely part of society only in name's sake?
Kong Kek Kuat, Kuala Lumpur, Malaysia
A prime example why jurors and all people serving in all public areas must have their faces uncovered unless it is to protect their identities as, for example, they are State witnesses with their lives under threat.
This example must get a short sharp jail sentence to set an example. There is no legal OR religious reason why any women have to cover their faces in public.
B J Deller, Marbella, Spain
What an idiot! Fancy having the nerve to listen to music whilst you're in court! I'm a Muslim lady who wears the hijab and I would never consider doing something so stupid!
This lady obviously has issues since she's tried to avoid jury duty on more than one occasion. Why are the courts insisting on such a selection if its clear to see she can't be bothered to pay enough attention to it?
If i was a judge I wouldn't like someone like her on a jury discussing a murder case- goodness me!
Sam, Manchester,
Another reason to impose at least some restrictions on the wearing of this strictly un-islamic clothing, as the wearing of which is contrary to the Koran.
Jonathan Mills, Brighton,