The jury has been discharged in the murder trial of Brisbane Zumba instructor Mark Waden after a juror broke court rules by conducting independent research, leading to a mistrial declaration.
Background of the Case
Brisbane man Mark Sheridan Waden was charged with the murder of Priscilla Brooten, a former American beauty queen, after she disappeared from the Bracken Ridge home they shared in July 2018. Despite extensive searches, her body has never been found. Mr Waden pleaded not guilty at the start of his trial before the Brisbane Supreme Court on Monday.
Juror Misconduct
On Tuesday afternoon, the court learned that a juror had independently researched an aspect of testimony heard during cross-examination earlier that day. Upon being called to the witness box, the juror admitted to conducting his own research and sharing his findings with nearby jurors. Another juror advised him to stop, as such actions were prohibited by court rules.
Justice Peter Callaghan addressed the juror, stating, “It is most unfortunate this has occurred. I gave you some very explicit instructions. As a result of disobeying those instructions, you cannot continue as a juror in this trial.” The juror was subsequently discharged.
Mistrial Application
Defence barrister James Godbolt applied for the remainder of the jury to be discharged and a mistrial declared, arguing that this was necessary to ensure the integrity of the court process. Crown prosecutor Andrew Walklate argued that the trial could continue with specific directions from the justice to ignore the misconduct. However, Justice Peter Callaghan granted the defence's application, declaring a mistrial.
Next Steps
The trial is scheduled to begin again tomorrow, with a new jury to be empanelled. The case continues to draw significant attention due to the mysterious disappearance of Priscilla Brooten and the unusual circumstances surrounding the trial's disruption.
