Former police officer picked for jury in Portsmouth Crown Court sex assault case tells judge: "I am biased"

The juror, a former officer with 30 years experience, was selected as part of a jury for a case at Portsmouth Crown Court involving Jordan Hernandez – accused of sexually assaulting a female nurse at a hospital.

After the officer was asked to attend court, he wrote to the Central Jury Summoning Service and stated his presence could potentially impact proceedings. The letter, published by the Court of Appeal – which referred to the officer as Juror 11 – said: “After discussing my forthcoming juror duty with my wife, I realise that I was deluded in believing that I could come to an unbiased decision.

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"Thirty years' service as a police officer (I retired ten years ago) has left me with the unshakeable belief that if both the investigating police officers and the Crown Prosecution Service feel that the evidence is sufficient to charge, then the individual is most definitely guilty of the offence(s).

"I suspect that my time in the jury room after the evidence has been heard will be spent just persuading the other jurors of the defendant's guilt. I am willing to answer the summons and perform jury service, but believe it is only fair that I point out the bias that I now realise I hold. I apologise for any inconvenience caused."

After attending court, the judge discussed the letter with the officer. The officer told the judge: “I think that, after 30 years' service and spending a lot of time in trials, that I am biased without a doubt. I should have realised this when I first got it, my service, my summons through.”

Following conversation discussing his potential bias, the officer said he would stick to the legally binding affirmation to “faithfully try the defendant and give a true verdict according to the evidence”.

The judge deemed the ex-officer as being fit to sit on the jury. The defence barrister believed that the wrong decision was made, stating that the former officer could be “bias” and “might contaminate and influence other jurors”.

Hernandez was convicted of sexually assaulting a female nurse who was treating him in hospital. He had been admitted to the medical facility after suffering from seizures – caused by abusing drugs and alcohol.

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Hernandez said he had been disorientated due to the medication he was receiving, so the assault was “neither intentional nor sexual”. Members of the jury, including the unnamed police officer, convicted him of sexual assault.

The case was then sent to the Court of Appeal, with the defence trying to rule the conviction as unsafe. This appeal was dismissed. Lord Justice Holroyde said: “The suggested risk that Juror 11 might not only be biased himself but might contaminate other jurors does not, in the circumstances of this case, strengthen the appellant's submission.

"Nor is the appellant assisted by reference to the length of the jury's deliberations before they returned their verdict and speculation about what Juror 11 may have said to other jurors. It is not suggested that any of the jurors in this case raised any concern about the conduct of Juror 11 either during the evidence or during their deliberations.”