Can you explain the background situation in detail please?
It would be for the defence counsel to raise the issue with the judge to have the jury dismissed. The decision would be the judges.
Clearly, the judge had his reasons not to dismiss them all. Although jurors are not supposed to discuss cases outside the jury room, it does go on, it’s just that this genre happened to get caught.
The situation here is a little like it would be when the judge makes the comment “the jury shall disregard that last remark”. If the jury were dismissed every time that happened, trials would never come to an end. By virtue of the fact that the comment was made, in situations like that, the jury must be tainted and the disregard of the remark has to be noted within the jury proceedings and discussions.
Ultimately, if a defendant thinks that his defence has been prejudiced by the judges actions in not removing all the jewellery, then the defendant would have to appeal.
Can I assist you any further with this?
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