The ArgusDay 14: Jury asked for majority verdict in Albion players' sex assault trial (From The Argus)

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Day 14: Jury asked for majority verdict in Albion players' sex assault trial

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  • Four footballers accused of sex assault and voyeurism are awaiting the decision of a jury at the Old Bailey this morning.
  • Anton Rodgers, 20, George Barker, 21, and Lewis Dunk, 21, from Brighton, and Steve Cook, 21, from St Leonards, deny the charges.
  • Last Friday the judge summed up the evidence from both sides before sending the jury out to consider their verdict.
  • Last Thursday defence barristers gave their closing statements with each of them saying the woman's evidence was unreliable.
  • Judge Charles Wide gave instructions to the jury, telling them to make a 'cool, dispassionate analysis of the evidence'.
  • Last Wednesday, Lewis Dunk said he was in the room but did not see or hear anything because he was on the phone to a cheerleader.
  • Anton Rodgers said in his defence that he had exposed himself and taken pictures but it was just "boy banter".
  • Last Monday, George Barker, said he had exposed himself, posed for a picture and seen four photos on Anton Rodgers' phone.
  • On Friday, January 25 Albion player Ben Sampayo told the Old Bailey how he had seen his colleagues 'giggling' while looking at pictures of the incident
  • On Thursday, January 24 the victim broke down in the witness box, shouting that the players had "taunted" her.
  • On Wednesday, January 23 the victim was accused of being a "prolific liar" who had sought relationships with footballers.
  • Last Tuesday, January 22 the court was told the four footballers were a group of "arrogant young men" who took advantage of the unconscious young woman after the first game at the Amex stadium.
  • The trial began with the jury being sworn in on Monday, January 21.
  • The trial continues.

4:18pm

The judge sets the deadline of next Friday for a retrial date to be fixed.

He bails the players until then, and dismisses the court.

4:12pm

Judge repeats his question - is there a reasonable chance of any other verdict.

The foreman replies: 'There is no reasonable prospect.'

In court, prosecutor Richard Barton tells Judge Wide: ''The present view taken is . . .we will seek a retrial'.

4:06pm

After 25 hours and 23 minutes . . .
Lewis Dunk not guilty of voyeurism

4:04pm

The jury is coming back into court one with a verdict on Lewis Dunk on voyeurism.

3:28pm

Ben Parsons writes from court today

No change here at the Old Bailey – giving us time to consider more of the remarkable building's features.

Above the entrance to Court One is a mural of Justice, sword in one hand, scales in the other, on the steps of St Paul's, over the legend: 'Poise the cause in justice equal scales'

To her right as she looks out is a mural of Alfred The Great, seated in red robes, holding a scroll, above the legend 'Right lives by law and law lives by power'.

He faces a mural of Moses, with Sinai behind him, over the legend: 'Moses gave into the people the law of God.'

Far end are Gerald Moira reconstructions of murals destroyed when the building was bombed in the Second World War.

They are accompanied by the legends: 'The law of the wise is the fountain of life, 'London shall have its ancient rights and 'The welfare of the people is the supreme law'.

There is also a mural commemorating the Blitz which depicts the damage caused to the Old Bailey.

Overlooking the marble-floored space – which is basically an elaborate waiting room – are statues of Justice, Mercy, Charity and Temperance.

All this, plus stained glass windows and an impossibly grand staircase to boot!

12:31pm

Jury was called back at noon

Clerk asks: 'Has the jury reached a verdict on any defendant or any count on which at least ten of you are agreed?'

Foreman of the jury: 'No'

Judge Charles Wide asks the foreman: 'Is there any reasonable prospect if you were given more time of reaching verdicts on which at least ten of you are agreed in relation to the matters you are considering?'

Foreman: 'Yes'

The judge sent the jury back out to continue deliberating.

So far they have spent more than 21 hours considering the verdict.

11:29am

The Argus: Steve Cook

Steve Cook arrives at the Old Bailey today.

Picture – Max Nash/PA Wire

11:28am

The Argus: Lewis Dunk

Lewis Dunk arriving at the Old Bailey today.

Picture – Max Nash/PA Wire

11:27am

The Argus: George Barker

George Barker arrives at the Old Bailey today.

Picture – Max Nash/PA Wire

11:27am

The Argus: Anton and Brendan Rogers

Anton Rogers arrives at the Old Bailey with his father Brandan today.

Picture – Max Nash/PA Wire

11:06am

Judge Charles Wide sends the jury out to begin a fifth day of deliberations.

10:27am

Today's proceedings are due to begin at 10.45am

8:53am

The jury will today continue its deliberations over the fate of four footballers accused of sexual assault and voyeurism.

Brighton and Hove Albion players Lewis Dunk, Anton Rodgers and George Barker and former team-mate Steve Cook deny the charges.

A jury at the Old Bailey has now been deliberating its verdicts for 22 hours without reaching any conclusion.

It was yesterday morning told the court would accept majority verdicts if ten or 11 members of the jury could agree – but it still failed to reached decisions on all the charges.

The jury members will return to the court for their fourth day of deliberations this morning.

The footballers are accused of assaulting a 19-year-old girl while she was sleeping at the Jury's Inn hotel in Brighton after a night out to celebrate the first game at the American
Express Community Stadium in July 2011.


The jury asked for clarification of the evidence given by fellow Albion player Ben Sampayo.

Judge Charles Wide said a decision will be made this morning on whether the jury can see further details of the statement he gave to police.

The jury was told by Richard Barton, prosecuting, the four footballers were “arrogant young men labouring under the misguided belief that by reason of their privileged position they could with impunity take advantage of a young woman in this way”.

However the players claim their behaviour was just “boy banter”.

If convicted they could be sentenced to up to five years in prison and be required to sign the Sex Offenders’ Register.

4:14pm

The jury has been sent home for the day and will continue deliberations tomorrow.

3:59pm

The jury has been called back in by Judge Wide.

11:13am

Read back through the trial with The Argus live updates.

Week one

Week two

All trial stories are here: www.theargus.co.uk/news/indepth/bhatrial

11:09am

The Argus: Steve Cook

Steve Cook arrives at the Old Bailey this morning

Stefan Rousseau/PA Wire

11:08am

The Argus: George Barker

George Barker arrives at the Old Bailey this morning.

Stefan Rousseau/PA Wire

11:08am

The Argus: Lewis Dunk

Lewis Dunk arrives at the Old Bailey this morning.

 

Stefan Rousseau/PA Wire

11:07am

The Argus: Anton and Brendan Rogers

Anton Rogers arrives at the Old Bailey this morning with his father Brendan.

Stefan Rousseau/PA Wire

10:49am

Judge Charles Wide has called the jury in to court and told them he will accept a majority verdict of 10-2 or 11-1 if they still cannot reach a unanimous decision.

The jury have now retired to continue their deliberations.

 

9:02am

The jury is due to continue their deliberations from 10.15 this morning.

During the last two weeks they were told:

The trial began on Monday January 21.

Day 2 - Tuesday January 22:

  • Opening the case for the prosecution Richard Barton said the four professional footballers had "deliberately humiliated the 19 year old woman for their own sexual gratification."
  • He described Anton Rodgers, George Barker, Lewis Dunk and Steve Cook as "arrogant young men labouring under the misguided belief that by reason of their privileged position they could with impunity take advantage of a young woman in this way"
  • The victim gave evidence saying“I felt ashamed and embarrassed.
  • “I couldn't believe it had happened."
  • She said she had no recollection of the night - other than a flashback of George Barker and Lewis Dunk grabbing her ankles - and of Lewis Dunk feeding her a chicken burger in Middle Street.

Day 3 - Wednesday January 23: 
 

  • The victim faced cross examination by each of the defendants' legal teams.
  • Defence counsel for George Barker accused the victim of being "swept up in a roller coaster of lies"
  • Defence for Anton Rodgers accepted he was pictured exposing himself to the victim in one photograph, but called their actions "just larking about".
  • Defence for Lewis Dunk accused her of "having a keen interest in footballers" and pursuing Leon Redwood, Roland Bergkamp and another Brighton and Hove Albion player around that time.

Day 4

  • The victim broke down in an emotional outburst in  the witness box saying "they taunted me" and "shouted my name in the street"
  • A friend she was out with on the evening before the alleged assault said they drank ten to 15 shots each and shared a bottle of rose wine.
  • The victim's best friend said she had confided in her but had feared what people would think of her.
  • The general manager of the Jury's Inn said their CCTV footage was "irrevocably removed"

Day 5:
 

  • Albion player Ben Sampayo reluctantly gave evidence for the prosecution.
  • He said his team mates woke him up "giggling" to show him a photo of themselves exposed with the young woman.

Day 6:

  • George Barker's defence case began Barker  said he exposed himself to copy Anton Rodgers and  "make the boys laugh"


Day 7:

  • Anton Rodgers's defence case was heard.
  • He said he exposed himself and took pictures, but it was just "boy banter".
  • Lewis Dunk's defence case began
  • Dunk said he had been on the phone for 35 minutes during the time the pictures were taken.
  • He said his team-mates' behaviour was "stupid"
  • He said he had not participated in or seen or heard any pictures taken

Day 8:

  • Albion player Leon Redwood said he had sprayed shaviong foam onto the sleeping young woman.
  •  Richard Barton closing the case for the prosecution said that Albion players- not only those in the dock - has displayed a "litany of dismal behaviour".

Day 9

The defence cases were closed

Day 10

Judge Charles wide summed up the evidence and the jury was sent out.

The jury has now had more than 16 hours considering their verdicts.

 

4:26pm

As the jury has failed to reach a unanimous verdict today, Judge Wide has sent them home for the night.

They will continue their deliberations tomorrow.

Read back through the trial with The Argus live updates.

Week one

Week two

All trial stories are here: www.theargus.co.uk/news/indepth/bhatrial

11:05am

The jury bailiffs have sworn their oaths and the jury has retired once again to continue their deliberations.

 

11:04am

The jury has asked for two points to be clarified.

Firstly the definition of what it means "to be sure".  

Secondly they asked for clarification of the evidence of Ben Sampayo.

Judge Charles Wide told them: "Sure is an ordinary English word in everyday use.

"Sure doesn't mean scienfific or absolute certainty, it means being satisfied so that you are sure."

 

He went on to deal with the question of Ben Sampayo's evidence.

He said: "On the basis of Ben Sampayo's evidence you will not be able to reach the sure conclusion that the penis of any of the defendants was ever in the claimant's hand."

Jude Wide said they could not have a copy of Mr Sampayo's witness statement or a transcript of his police interview because it had not been produced in evidence.

9:20am

The jury is due to continue their deliberations from 10.15 this morning.

During the last two weeks they were told:

The trial began on Monday January 21.
Day 2 - Tuesday January 22:

 

  • Opening the case for the prosecution Richard Barton said the four professional footballers had "deliberately humiliated the 19 year old woman for their own sexual gratification."
  • He described Anton Rodgers, George Barker, Lewis Dunk and Steve Cook as "arrogant young men labouring under the misguided belief that by reason of their privileged position they could with impunity take advantage of a young woman in this way"
  • The victim gave evidence saying“I felt ashamed and embarrassed.
  • “I couldn't believe it had happened."
  • She said she had no recollection of the night - other than a flashback of George Barker and Lewis Dunk grabbing her ankles - and of Lewis Dunk feeding her a chicken burger in Middle Street.
  • Day 3 - Wednesday January 23:
     
  • The victim faced cross examination by each of the defendants' legal teams.
  • Defence counsel for George Barker accused the victim of being "swept up in a roller coaster of lies"
  • Defence for Anton Rodgers accepted he was pictured exposing himself to the victim in one photograph, but called their actions "just larking about".
  • Defence for Lewis Dunk accused her of "having a keen interest in footballers" and pursuing Leon Redwood, Roland Bergkamp and another Brighton and Hove Albion player around that time.

Day 4

  • The victim broke down in an emotional outburst in  the witness box saying "they taunted me" and "shouted my name in the street"
  • A friend she was out with on the evening before the alleged assault said they drank ten to 15 shots each and shared a bottle of rose wine.
  • The victim's best friend said she had confided in her but had feared what people would think of her.
  • The general manager of the Jury's Inn said their CCTV footage was "irrevocably removed"

Day 5:
 

  • Albion player Ben Sampayo reluctantly gave evidence for the prosecution.
  • He said his team mates woke him up "giggling" to show him a photo of themselves exposed with the young woman.

Day 6:
George Barker's defence case began
Barker  said he exposed himself to copy Anton Rodgers and  "make the boys laugh"
Day 7:

  • Anton Rodgers's defence case was heard.
  • He said he exposed himself and took pictures, but it was just "boy banter".
  • Lewis Dunk's defence case began
  • Dunk said he had been on the phone for 35 minutes during the time the pictures were taken.
  • He said his team-mates' behaviour was "stupid"
  • He said he had not participated in or seen or heard any pictures taken

Day 8:

  • Albion player Leon Redwood said he had sprayed shaviong foam onto the sleeping young woman.
  •  Richard Barton closing the case for the prosecution said that Albion players- not only those in the dock - has displayed a "litany of dismal behaviour".

Day 9

The defence cases were closed

Day 10

Judge Charles wide summed up the evidence and the jury was sent out.

The jury has now had more than ten hours considering their verdicts.

 

4:26pm

As the jury has failed to reach a unanimous verdict today, Judge Wide has sent them home for the night.

They will continue their deliberations tomorrow.

4:16pm

The jury has been called back into court by Judge Wide

3:20pm

Read back through the trial with The Argus live updates.

Week one

Week two

All trial stories are here: www.theargus.co.uk/news/indepth/bhatrial

10:58am

The jury has been called into court one of the Old Bailey and sent out to continue their deliberations.

They must reach unanimous verdicts on whether each of the four defendants committed sexual assault and voyeurism.

 

10:57am

The Argus: The accused

Clockwise from top left: Steve Cook, George Baker, Anton Rodgers and Lewis Dunk await the jury's verdict

10:02am

The Argus:

 

The jury is considering its verdict at the Old Bailey

9:22am

The jury is considering its verdict on the 11th day of the trial of four Brighton and Hove Albion players accused of sexual assault and voyeurism.

Follow the latest developments live here again throughout the day.

The trial so far:

The trial began on Monday January 21.

Day 2 - Tuesday January 22:

  •     Opening the case for the prosecution Richard Barton said the four professional footballers had "deliberately humiliated the 19 year old woman for their own sexual gratification."
  •     He described Anton Rodgers, George Barker, Lewis Dunk and Steve Cook as "arrogant young men labouring under the misguided belief that by reason of their privileged position they could with impunity take advantage of a young woman in this way"
  •     The victim gave evidence saying“I felt ashamed and embarrassed
  •     “I couldn't believe it had happened."
  •     She said she had no recollection of the night - other than a flashback of George Barker and Lewis Dunk grabbing her ankles - and of Lewis Dunk feeding her a chicken burger in Middle Street.

Day 3 - Wednesday:

  •     The victim faced cross examination by each of the defendants' legal teams.
  •     Defence counsel for George Barker accused the victim of being "swept up in a roller coaster of lies"
  •     Defence for Anton Rodgers accepted he was pictured exposing himself to the victim in one photograph, but called their actions "just larking about".
  •     Defence for Lewis Dunk accused her of "having a keen interest in footballers" and pursuing Leon Redwood, Roland Bergkamp and another Brighton and Hove Albion player around that time.

Day 4 - Thursday:

  •     The victim broke down in an emotional outburst in  the witness box saying "they taunted me" and "shouted my name in the street"
  •     A friend she was out with on the evening before the alleged assault said they drank ten to 15 shots each and shared a bottle of rose wine.
  •     The victim's best friend said she had confided in her but had feared what people would think of her.
  •     The general manager of the Jury's Inn said their CCTV footage was "irrevocably removed"

Day 5- Friday:

  •     Albion player Ben Sampayo reluctantly gave evidence for the prosecution.
  •     He said his team mates woke him up "giggling" to show him a photo of themselves exposed with the young woman.

Day 6 - Monday:

  •     George Barker's defence case began
  •     Barker  said he exposed himself to copy Anton Rodgers and  "make the boys laugh"

Day 7 - Tuesday:

  •     Anton Rodgers's defence case was heard.
  •     He said he exposed himself and took pictures, but it was just "boy banter".
  •     Lewis Dunk's defence case began
  •     Dunk said he had been on the phone for 35 minutes during the time the pictures were taken.
  •     He said his team-mates' behaviour was "stupid"
  •     He said he had not participated in or seen or heard any pictures taken

Day 8 - Wednesday:

  •     Leon Redwood confirmed he sprayed shaving foam on the victim's leg. Describing her as 'asleep but not asleep'.
  •     He described the incident as 'harmless fun'.
  •     Mr Redwood confirmed the victim asked him to delete photographs of the incident.
  •     Counsel Richard Barton summed up the prosecution's case.
  •     He told the jury: 'This was a young woman who was asleep and not able to consent to what happened to her . . .
  •     Defendant Steve Cook told the court he saw Anton Rogers expose himself but could not remember who the other individual was.
  •     He described the incident as a 'juvinile prank'
  •     'You have heard about a litany of dismal conduct on behalf of these young men and their fellow footballers.”

Day 9 – Thursday

  •     Each defendant's counsel gave their closing speech.
  •     They all challenged the credibility of the alleged victim's evidence.
  •     Peter Lodder QC, defending Rodgers, told the jury: 'This is a court of law, it is not a court of morals.'

Day 10 – Friday

  •     Jurors were told they should not feel under pressure to make a decision.
  •     Summing up Judge Charles Wide said the moment the woman found photographs on Anton Rogers' phone was 'very important' to the Crown's case.
  •     Judge Wide highlighted evidence given by Ben Sampayo who described seeing a photograph of more than one person exposing themselves and said body parts were in the victim's hand.
  •     He said all the defendants had added credibility because they had no previous convictions.
  •     The jury went retired at 1pm.

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