Giovanni Focarelli attempted murder case ends in mistrial due to tainted juror

THE case against the man who allegedly stabbed Giovanni Focarelli has been declared a mistrial because one juror's family had "knocked around" with the New Boys.

This afternoon, Supreme Court Justice Kevin Nicholson said he had no choice but to dismiss the jury in the case of Hameed Ullah Dastagir.

Dastagir, 26, of Para Vista, denied attempting to murder Focarelli - who was later assassinated when he and his father Vince Focarelli were ambushed at Dry Creek - outside the Ink Central tattoo parlour in May 2010.

Jurors had been deliberating for more than eight hours, over two days, when the problem arose.

Justice Nicholson said it had been reported to him that one juror had children who had "knocked around with Focarelli and the New Boys" in the past, and had fought with the gang.

"To sum up then, the position is as we understand one of the juror has sons who have had contact in the past with the Focarellis and the New Boys. That contact has included fighting ... there has been no detail about when or what act took place," he said.

"There is also no detail given what information this particular juror might have about the Focarellis."

He said he did not know whether that would influence the juror's decision but, at the very least, it may lead to members of the public believing the proceeding had become biased.

"The court will never know, and can't know, the extent to which that juror's thinking might have influenced the rest of the jury."

He said the trial was at such a late stage that it could not be rescued by discharging that juror and continuing with the rest of the jury.

"The concern is that there is likely to be even an appearance of bias or outside influence," he told them.

"With quite some regret, I have decided and it is solely my decision, that in fairness to both parties that I must discharge the jury.

"It is not the first time, it's not the last time. I regret that we've spend two weeks in this trial and it has not been an easy trial for you."

The matter will return to court at a later date.

Previously prosecutor Jim Pearce, QC, told the former jury Focarelli had been stabbed twice just after 4am on a Saturday after he approached a car outside Ink Central.

Mr Pearce said Focarelli called out: "Medication, help, I've just been stabbed - Notorious got me."

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