Barrister raises concerns over Todd Parnell case
HOURS before the jury trying Wally James Hung for manslaughter were discharged, concerns were raised that members of the jury were acting on "supposition rather than law".
Hung has been charged with manslaughter after he punched star football player Todd Parnell at the Warrigals' Clubhouse at Bongaree in July, 2009.
Mr Parnell, 22, was knocked unconscious and died in hospital.
Hung faced trial this month after pleading not guilty to manslaughter.
But after three days deliberating, the jury was discharged as they were unable to reach a verdict.
The case was reviewed in the Supreme Court on Friday, where defence barrister James Godbolt raised his concerns over recent media coverage and the discharged jury's deliberations.
He said two hours before the jury was discharged, some jurors submitted a note to the judge stating their concern that jurors were basing their position on "supposition rather than the law".
Mr Godbolt argued there had been a significant media attention following the mistrial, including interview's with Mr Parnell's mother.
But counsel for the Crown, Philip McCarthy, said the media attention was merely related to Mr Parnell's family stress at not getting a result.
Mr Godbolt said the matter was sensitive.
"It needs to be done properly and Mr Hung needs to feel he is getting a fair hearing," he said.
The trial is expected to start in September. Hung was also granted bail on Friday following a separate court hearing.
Justice Peter Lyons agreed to release Hung from jail on the condition he live with his mother at Macleay Island and report to Redcliffe Police Station each week for an alcohol breath test.
The Crown argued against bail as Hung assaulted his flatmate two years ago while on Supreme Court bail for his manslaughter trial.
"He is not only a considerable risk of re-offending, he has demonstrated he is a risk of re-offending," Mr McCarthy said.
But Mr Godbolt argued given the bail conditions proposed and current circumstances, it could not be said Hung was an unacceptable risk.