The Attorney General's chambers was yesterday still undecided about whether it will prosecute two jurors who were illegally sworn in at the beginning of a Supreme Court drugs' trial last week.

Both men were ineligible, because they had been convicted for drug offences in the past two years.

On Monday, a Supreme Court Judge dismissed the jury and ordered a retrial because a Police investigation disclosed that the two jurors had drug convictions.

The Police Service, who were responsible for conducting background checks for all members of the panel, offered no explanation yesterday when The Royal Gazette contacted them.

Police spokesman Sgt. Chris Wilcox said he was unable to track down the officer who was responsible for conducting the checks.

Consequently, he was unable to explain how the two jurors' criminal records had escaped Police scrutiny.

Normally, the Police do extensive background checks on all prospective jurors to ensure that they have no criminal convictions that would carry a 12 month jail term, in the last seven years.

Such a conviction would render them ineligible for jury service.

However, both jurors slipped through the cracks and were allowed to sit on the jury illegally for three days of the Supreme Court trial.

The case involved Orien and Karen Tuzo who were charged with importing $12 million worth of cannabis (500 pounds) into Bermuda on March 22 in fruit juice bottles.

The Boundary Lane, St. George's couple were also charged with possessing the drugs.

On Monday, the trial ended abruptly after Police investigators discovered that two male jurors had drug convictions in the last two years.

Puisne Judge the Hon. Mr. Justice Ground said that it was an offence for both men to have sat on the jury knowing that they had previous convictions for drugs.

However he left it to the Attorney General's chambers to prosecute if they wished.

When The Royal Gazette contacted Crown counsel Mr. Khamisi Tokunbo who conducted the prosecution's case at the trial, he could not say whether or not a prosecution would follow.

Mr. Justice Ground set the matter down to the next arraignment session on September 1. At that time a retrial date will be set.