Mr Davis has pleaded not guilty to the charge and has told the court he was acting to save his girlfriend, Hannah Quinn. Ms Quinn, 26, is defending a charge of being an accessory after the fact to murder.
Justice Adams said there was a possibility the missing juror would be ready to return to court at 2pm today or 10am tomorrow after taking himself to hospital, and in those circumstances she was reluctant to discharge him because all 12 jurors had been “listening so carefully since the 16th of December”.
However, there was a possibility the juror would need to be discharged, leaving the 11 remaining jurors to deliberate in the case.
She asked the 11 jurors to “go back to the jury room and just wait until there’s an update”.
Justice Adams added that “COVID-19 has loomed its ugly head again in Sydney” and the court had face masks available if they wanted to wear them, although there was “no requirement for you to wear them”.
The court has already reconfigured seating in jury trials so that jurors are spaced apart from each other.
Justice Adams said if there was anything else the court could do “to make you feel comfortable and safe, please just let me know”.
Justice Adams is poised to deliver her closing address to the jury when the jurors can reconvene.
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