The jurors in a long-running Australian drugs trial were discharged in disgrace yesterday after it emerged that some of had spent more time in court playing Su Doku than they had listening to the evidence.

More than 100 witnesses had testified in the case of two men who faced life sentences for an alleged conspiracy to make a large amount of amphetamines. One man was charged with further firearms and drug possession offences.

The jurors had been commended by the judge for their diligence as they spent 66 days in the jury box, studiously taking notes.

After three months, both prosecution and defence were to have made their closing arguments this week. Then last week both of the accused noticed, while giving evidence, something that more than 20 police witnesses had not: that some of the jurors were writing vertically rather than horizontally.

The culprit was Su Doku, the popular numbers puzzle from Japan in which players have to complete a 9x9 numbers grid.

“We were informed early on Monday of last week that that’s what was happening in the jury box and then subsequent to that I ... sort of took note to watch what was happening,” Robyn Hakelis, one of the defence lawyers, said outside the court.

“I noticed they were writing in all different directions and straight away I thought, ‘they’re not taking notes like we thought they were’. Everyone assumed they were taking notes.”

In a twist worthy of a television drama, the jury was effectively on trial as the judge heard evidence from the co-accused, a solicitor and the jury forewoman. She admitted to the judge yesterday that four or five jurors had been playing games since the second week of the trial but that Su Doku had not distracted her “too much” from proceedings.

“Yes, it helps me keep my mind busy paying more attention,” she said after being questioned by the judge. “Some of the evidence is rather drawn out and I find it difficult to maintain my attention the whole time.”

She said that jurors had photocopied Su Doku sheets to play during the trial and compare during meal breaks. The forewoman admitted to having spent more than half of her time in court playing the game.

Judge Peter Zahra summarily discharged the jury at Sydney District Court, aborting a trial that had cost taxpayers an estimated A$1 million (£490,000) since March 4 in lawyers’ fees, staff wages and court running costs.

He told the forewoman that she and her fellow Su Doku players had let down their peers on the jury and everyone else associated with the trial. They face no penalty, however, because inattentive behaviour in the jury box is not an offence.

A new trial is expected to begin in a few weeks after a new jury is empanelled.

"I think it’s disappointing more than anything that in a trial the evidence would not have been listened to. And jurors are sort of the judges of the facts and it’s very disappointing they weren’t giving our clients a fair trial,” Ms Hakelis said.

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