by Keith Hunt

A judge has directed a jury to remain faithful to the oath taken after claims of “bullying” during deliberations in a rape trial.

Judge Philip Statman told the seven women and five men: “It has been brought to my attention this morning there are members of the jury who feel in the course of their deliberating they are being bullied.

“It is your task as a jury to listen with care and attention to the view of each other. That is the strength of the jury system.

“It is very important indeed in this important case that you remember the words of the oath or affirmation you took at the start of this trial – that you would return a true verdict according to the evidence you have heard.”

The judge asked jurors to retire again at Maidstone Crown Court and consider “with care” whether they had the capacity to reach a true verdict according to the evidence.

“If you are unable to comply with that direction I have given, then you must put into writing your concern,” he continued.

“I wish to make it clear that any note to me should not set out any detail of the view you have of the evidence. That is, and will remain, confidential.

“My sole concern as the judge is to establish that all of you have the capacity to reach a true verdict according to the evidence.”

After lunch, Judge Statman told the jury: “There is no room for hectoring or bullying in the course of your discussions.

“Should there be any further difficulty during the course of your deliberations you should not hesitate to let me know.”

In the trial, Nathan Gifford is accused of raping an intoxicated woman after she left a night club in the early hours of Christmas Eve and got into his car.

Gifford, who had earlier been working as a taxi driver, is alleged to have taken advantage of the woman in the front passenger seat when she was incapable of giving her consent.

She had been to a pub in Rainham and then Bliss nightclub in Gillingham on the evening of December 23 last year.

Tests later showed she would have been almost three times the legal driving limit at the time.

“Her last memory was dancing with her companions,” said prosecutor Brett Weaver. “She cannot remember leaving the club. She was outside for some time.

“Her next memory was being inside the vehicle with a man on top of her.”

Gifford, of Colehall Close, Senacre, Maidstone, denies rape and assault by penetration.

The jury has been shown CCTV film of the woman leaving the club and the moments leading up to her getting into the Chevrolet Gifford was driving.

Mr Weaver said the woman was seen outside the club at 2.30am “slurring her words and stumbling around”. She was slumped on the pavement at one point.

After she bent over and fell to the ground, a bouncer and two other men helped her up. She then walked off unsteadily along Canterbury Street.

Gifford, 46, drove past, parked and crossed the road to talk to the woman as she sat on the ground. He helped her to her feet and put his arm around her as they walked along the road.

“They do not go very far before she goes to the ground with the man crouched down beside her,” said the prosecutor.

Gifford then went to his car, turned it around and drove up to the woman. He and a passer-by helped the woman into the car before it was driven off.

Her next recollection was being in the passenger seat with her leggings pulled down and Gifford on top of her.

“She believed he was trying to have sex with her,” Mr Weaver continued.

“She said no to him. He had his trousers down. She was kicking at the windows of the car.”

She next remembered being in an alleyway in College Road. She told two young men she had been raped. Police arrived and she repeated the allegation.

The jury retired to consider verdicts yesterday.