WHETHER AN accused man stands trial for a second time in a sexual assault case remains undetermined after a BC Supreme Court case ended in a hung jury last week.
The jury for the trial of Ken Barnard, who’s facing three sexual assault-related charges, was chosen Dec. 5, but the trial didn’t begin until Friday Dec. 9 as the judge was deciding, in the jury’s absence, whether to admit some evidence, said prosecutor Bill Funnell late last week.
At the trial’s end, around 3:30 p.m. Dec. 14, the jury was charged and deliberated for about seven hours before wrapping it up for the night, he said.
After several hours more of deliberation Dec. 15, the jury returned to say it couldn’t reach a decision and the judge declared a hung jury, he said.
Last Friday, Funnell said he hadn’t decided yet whether to have another trial but would make a decision soon.
Barnard will get to decide, if he is to stand trial again, whether he wants another trial by jury or by judge alone, added Funnell.
The victim(s) cannot be identified due to a court ordered publication ban. A court date has been scheduled for Jan. 16 to confirm a trial date should Funnell decide on a second trial.