Dreamspace jury discharged after failing to reach verdict

Feb 25 2009 By Garry Willey

JURORS in the Dreamspace manslaughter trial were this afternoon discharged after failing to reach verdicts.

The panel of six men and six women had retired three days ago to decide artist Maurice Agis’ fate.

He was found guilty yesterday of breaching safety rules over the tragedy which left two dead and many others injured at Chester le Street’s Riverside Park in July 2006.

But the jury returned to Newcastle Crown Court after more than 11 hours considering the case.

They confirmed they were unable to reach verdicts on which at least 10 of them could agree.

And faced with that stalemate, trial judge Mrs Justice Cox formerly discharged them.

She said: "I would like to thank you for the very close attention you have paid throughout this complex case and obviously the care and attention you have given during your deliberations.

"It does sometimes happen that juries are unable to agree."

Agis, wearing his trademark pink shirt and rumpled sports jacket, had again been sitting with his legal team rather than the dock as the case reached its end.

He had shown no emotion when he was convicted of the health and safety breach - failing to make sure visitors to the giant Dreamspace attraction were not put at risk - and again listened intently as the jury confirmed they could go no further.

Paul Sloan QC, in charge of the prosecution team, told the court he would like time to decide whether to seek a retrial on the manslaughter charges which Agis had denied.

"My instructing solicitor is not here," Mr Sloan said. "I would like a little time for the dust to settle before we have a round table meeting."

Agis, 77, from Bethnal Green, East London, was released on bail to a date still to be fixed.

The sentencing hearing for Chester le Street District Council and Liverpool-based promotions company Bruhaha, is also still to be held. Both had admitted health and safety breaches.

Prosecutors have claimed Agis - who had been developing Dreamspace for more than 30 years - had put "profit before safety" when the near 50 by 50 metre inflatable broke free from its mooring ropes and began to soar skywards.

Elizabeth Collings, 68, from Seaham, County Durham, and Claire Furmedge, 38, from Chester le Street, both fell to their deaths. Others, including three year old Rosie Wright were lucky to live as they plummeted to the ground.

Dreamspace had drifted towards the nearby river before snagging on a CCTV pole whose cameras had captured the terrifying scene.

Prosecutors claimed Agis had been guilty not just of mistakes and errors of judgement but "gross negligence" when he supervised the opening of the attraction at the popular park.

But Agis, who did not give evidence during the month long trial, denied both the manslaughter and health and safety charges.