Justice Minister Herbert Volney came in for criticism from the Appeal Court as a retrial was ordered today for Colin Edghill and Marcus Marshall.
Volney was the trial judge when Edghill and Marshall were last year found guilty for the 2003 killing of businessman Russell Govia.
Court of Appeal Judges Paula-Mae Weekes, Rajendra Narine and Alice Yorke-Soo Hon criticised Volney for not having a voir dire when the jury was empanelled.
Voir dire consists of oral questions asked of prospective jurors by the judge, the parties, or the attorneys, or some combination thereof.
Volney had discharged one jury and did not have a voir dire when the second jury was empanelled.
In an oral ruling today the Court of Appeal Judges said it was a "fundamental and material irregularity" that the murder trial was basically conducted with two juries.
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