The murder trial of former chauffeur Gordon Wood has been aborted after "misconduct" by jurors who planned a forbidden visit to the site where his girlfriend died.
Wood, 45, has pleaded not guilty to murdering model Caroline Byrne, 24, by throwing her off a cliff at The Gap, in Sydney's east, in June 1995.
The NSW Supreme Court trial began on Monday last week but Justice Graham Barr today discharged the jury of seven women and five men.
He concluded that one or more of them had been involved in "misconduct".
Radio 2GB broadcaster Jason Morrison gave evidence of receiving an off-air phone call last Thursday morning from a woman who identified herself as a juror.
Mr Morrison told the judge the woman had said some jurors planned to privately visit The Gap at night, and that one woman on the jury was a bully who had already made up her mind about Wood's guilt.
At the start of the trial, Justice Barr instructed the jury not to go to The Gap privately, and they were instead escorted there on Wednesday by the judge, lawyers and a police officer.
Justice Barr said he was told of Mr Morrison's phone call last Thursday and arranged for each juror to be phoned and told not to go to The Gap that night.
On Monday, the judge questioned each juror separately, and each person denied making the call, or being aware of who did make the call, and knowing of a plan to hold a private inspection at The Gap.
The judge also heard evidence from Brian Murray, the court official who phoned each juror.
Mr Murray said one woman he spoke to told him she had heard a conversation along those lines in the jury room.
When Justice Barr asked that woman about the conversation with Mr Murray, she told him she had said "they kind of joked about that, not seriously".
The judge said he found Mr Murray credible, concluding there had been misconduct on the part of one or more jurors.
He had no reason to believe all jurors were involved, but said he was "unable to publicly vindicate" those who had acted properly.
"They knew who they were" and he said the court thanked them.
A new jury will be empanelled on August 25.
Outside court, a defence lawyer said Mr Wood was "very relieved, and naturally extremely grateful to Mr Murray and Mr Morrison for being so responsible".
"I have been under a lot of stress, and you can imagine, and I want the case to be finalised as soon as possible," Mr Wood said through his lawyer.
