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Rape trial halted after juror says he is a Newcastle United fan



A juror halted a sex assault case just 24 hours after the Tyne and Wear derby when he branded the defendant a 'Mackem rapist'.

The man, a Newcastle United fan, is understood to have said he could not give David Blake, from Sunderland, a fair trial so soon after his city's team beat Newcastle 3-0 last weekend.

The juror confessed his concerns to court staff and admitted his prejudice before Judge Penny Moreland.



Newcastle United lost at home to Sunderland at St James' Park last Sunday, which prompted the juror to say he could not give David Blake a fair trial





The juror, a Newcastle fan, branded Blake a 'Mackem rapist' in the wake of Sunday's Tyne and Wear derby match

As a result, before hearing any evidence from the witness box, he was removed from the panel of jurors.

Jurors are given clear a clear warning by judges at the start of every case that they must try defendants on the evidence they hear in court and nothing else.

Blake's trial was halted after just half a day, meaning the victim, who was anxiously waiting to give evidence, faced a delay while a new jury was sworn in.

The juror was told not to come back to court to complete his fortnight of jury service.


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As a result of the false start, Blake's victim had to re-live her ordeal by watching her video evidence a second time when it was shown again for the benefit of the new jury.


Blake, of North Farm Avenue, Sunderland, who had pleaded not guilty, was eventually found guilty of raping the woman - who had fallen asleep in a spare bed, alone, after a party at a flat.

Prosecutor James Adkin told the court the 44-year-old attacker took advantage of his victim's drunk and sleeping state.

Mr Adkin said: 'She woke up at about 8am and to her horror she realised the defendant was having sex with her.



The juror was dismissed from the panel at Newcastle Crown Court and a new jury sworn in

'She immediately told him to get off.'

When his victim contacted the police minutes after the attack, Blake told officers: 'I started to kiss her, had sex with her, then she woke up.'

He later denied confessing and claimed he had said 'she was awake'.

Jurors rejected Blake's claim the woman had performed a sex act on him while he was sleeping, which led to them having consensual sex when he woke up.

Blake will be sentenced next month and was remanded in custody in the meantime.Judge Moreland warned him: 'I require a report from the probation service to assist with what risk you pose to others. The sentence is inevitable.'

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