A York solicitor whose illegal actions caused a child sex abuse trial to be abandoned has been jailed.
Caroline Mitchell, 53, a civil lawyer from York whose career now lies in tatters, was a juror in the case. But she ignored warnings by a judge not to carry out research on the trial.
Inexplicably, Mitchell carried out research on her iPad at home after the second day of the trial and then took the device into York Crown Court the following her day to show her findings to fellow jurors.
Prosecutor Michael Smith said that if Mitchell’s illegal disclosures hadn’t come to light, it could have prejudiced a fair trial.
Mitchell, of North Parade, Clifton, appeared for sentence at Leeds Crown Court today (Thursday) after pleading guilty to disclosing information to jurors that was not evidence provided in court.
She admitted the offence, which is charged under the Juries Act 1974, on the basis that she did not hear the trial judge’s direction at the start of the trial not to carry out any internet research.
An issue in the trial were two rooms where the offences were said to have taken place. The trial judge told the jury they could not speculate about the size of those rooms and that any research to that effect could result in prison for an errant juror.
But Mitchell went home and did some online research on Right Move, the property website, and took a screenshot of her ‘findings’. This is what she shared with other jurors.
Lost her career
The court clerk reported the matter to the trial judge and Mitchell was immediately isolated from other jurors.
She handed a written explanation about what had happened to the judge, claiming she was browsing the property website for reasons not connected to the case.
The judge decreed that Mitchell’s intervention was potentially prejudicial and the trial, costing the taxpayer £30,000, had to be aborted. The jury was discharged and the trial had to be re-heard several months later.
Mitchell later told police her “professional and personal background had influenced her behaviour” which was “born out of honesty and decent intentions”.
Rodney Ferm, for Mitchell, said the disgraced solicitor’s career was now in ruins.
He said Mitchell felt “deep remorse” for what she had done and had been receiving medication and counselling for depression since September last year after colleagues noticed she wasn’t coping.
“She has been dismissed by her employers as a consequence of her guilty plea and she faces action before the Solicitors Regulation Authority, and she will surely be struck off,” added Mr Ferm.
“She has lost her income which is a large and continuing financial penalty upon her. She has lost her career and her professional qualification will be removed.”
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Serious offence
Judge Guy Kearl QC, the Recorder of Leeds, told Mitchell her actions meant it was “inevitable that the jury had to be discharged and the trial re-heard, with the complainant, defendant and witnesses again having to give evidence and endure the trauma and distress of awaiting the outcome of a second trial”.
“You are a solicitor of the Supreme Court, you are an officer of the court, with duties to the court,” added the judge.
“You are used to working with and obeying directions and court orders as a part of your daily work and life and therefore I’m driven to the conclusion that your culpability is high, meaning that the seriousness of your conduct is considerable.”
Mr Kearl said her offence was so serious that only an immediate jail sentence would suffice, although it would be “significantly” reduced due to her strong personal mitigation.
Mitchell was jailed for two months. She will serve half of that sentence behind bars before being released on prison licence.