Juries have twice been unable to reach a verdict in this case. The first trial resulted in a “hung jury” in 2020. At the second trial the two men were acquitted of one charge,but the jury could not reach a decision on five other aggravated sexual assault charges arising out of events in 2018.
On Thursday it was reported that the Director of Public Prosecutions,or DPP,wrote to each of the accused men to indicate that a third trial would not proceed. This decision was confirmed in court proceedings yesterday.
This means there has been no finding by a court either way as to the innocence or guilt of de Belin or Sinclair in relation to five charges. The decision not to pursue another trial was open to the DPP in line with the NSW ODPP’s prosecutorial guideline 1.4,which reads:“Where two juries have been unable to agree upon a verdict,a retrial will be directed only in exceptional circumstances.”
We expect criminal trials to give us a clear outcome – one way or the other. When they do not,people are understandably surprised and disappointed. Such an outcome may also lead to a little less confidence in the court system’s capacity to deliver justice and finality – for the accused men,for the complainant,and for the community.
This case and its ending invite reflections on the enormous costs of prosecuting criminal matters. The financial costs for the state alone are significant:two trials of two-plus weeks,each involving a Crown Prosecutor and solicitor,before we even get to the judge,jury and court staff. The accused men have paid for lawyers.
Even more deserving of attention is the human cost. The toll is immense. The complainant has endured the ordeal of giving evidence and being cross-examined. While her pre-recorded evidence from the first trial was played at the second,she was still called to answer further questions in relation to new evidence. The accused men have also had accusations of serious crimes pending for a long period of time,with implications for their livelihoods. This is one of the reasons why the Victorian Law Reform Commissionis currently considering restorative and alternative justice models for sexual offences.