Judge criticises staffer for gaffe in parachute tampering trial

A COURT staff member who suggested to a jury that an Army sergeant on trial for attempted murder would be “guilty until proven innocent” was criticised by a High Court judge yesterday.

The staff member, who was described as “new and untrained”, was said to have told jurors that in France the soldier would be presumed guilty unless acquitted or proven innocent.

Mr Justice Sweeney’s intervention came during the trial of Emile Cilliers, of the Royal Army Physical Training Corps, resulting in proceedings being delayed for several hours while the judge and lawyers discussed the impact of the conversation.

Cilliers, 37, is on trial for attempted murder after allegedly tampering with his wife’s parachute during a skydive, and damaging a gas valve at their home several days earlier.

Following the delay, Mr Justice Sweeney told the jurors that one of them had produced a note describing the incident that happened within the jury’s private room on Thursday.

The note stated: “During yesterday’s conversation in the jurors’ room, questions were asked about whether the defendant was in custody during the build-up to the trial. The court staff member stated that he was in fact on bail but not allowed to visit Wiltshire except to visit his solicitor.

“Questions were then asked as to his employment and it was established he was still employed.” The note went on to say that a juror suggested that Cilliers might have been “inconvenienced”, to which the court worker appeared “shocked” and replied: “If he was tried in France, he would be guilty until proven innocent.”

The note continued: “As a jury, I feel we are taking this extremely seriously but was personally shocked that a court member would make such a simple mistake.”

The judge told the jury made up of nine women and three men: “It was wrong of the member of staff, who is new and untrained, to speak to you about the case. It shouldn’t have happened and will not happen again.

“You must also make sure from your end that it doesn’t ever again.”

Mr Justice Sweeney advised the jurors to ensure they did not discuss the trial with anyone else and only as a group of jurors.

Cilliers faces two charges of attempting to murder Victoria Cilliers, 40, his former Army officer wife, who suffered multiple serious injuries at Netheravon Airfield, on Salisbury Plain, Wiltshire, on April 5 2015.

He is also accused of damaging a gas valve at their home a few days earlier. He denies all three charges.

The court has heard that Cilliers had debts of £22,000 and would have expected to receive £120,000 from his own insurance policy in the event of his wife’s death. The trial was adjourned until Monday.