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Mistrial declared in Buckingham case...

Submitted by admin on Wed, 2007-04-25 16:53.

A Newfoundland Supreme Court judge declared a mistrial Wednesday in a closely monitored case involving narcotics.

Justice James Adams made the decision Wednesday in the trial of St. John's physician Sean Buckingham, over concerns that proceeding further with the case — in which four jurors and two alternates were excused — may trigger an appeal.

No arguments were ever presented in the trial, the start of which was delayed when the jurors informed Adams they did not want to serve.

Although new jurors were selected, Adams said a valid argument could be made at a higher court about the detrimental impact of removing so many original jurors and their alternates.

Buckingham is being tried on 23 charges involving sexual assault and drug trafficking. Police say he was illegally dispensing prescription drugs, including the powerful narcotic OxyContin, in return for sex.

"The judge made a good decision," defence lawyer Randy Piercey said. "It's the proper decision [but] everybody is disappointed. Dr. Buckingham is particularly disappointed."

Adams made a move to limit the amount of time that Buckingham will have to wait for the new trial to begin.

In an unusual move, he ordered sheriff's officers to bring notices directly to the homes of potential jurors, rather than sending them through the mail.

The trial involves both provincial and federal prosecutors, the latter because of the drug charges brought against Buckingham. The trial is expected to last six weeks.

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