A million dollar Sydney drugs trial has been aborted after it was found jurors were playing the puzzle game sudoku while evidence was being given.
Sydney District Court Judge Peter Zahra on Tuesday aborted the trial of two men facing a possible life sentence on drugs conspiracy charges.
He discharged the jury in the trial which had been running for 66 days over the past four months and had cost taxpayers an estimated $1 million.
The jury foreperson admitted to the judge that four to five jurors were playing puzzle games for up to half the time the trial had been going.
"Yes, it helps me keep my mind busy paying more attention. Some of the evidence is rather drawn out and I find it difficult to maintain my attention the whole time and that doesn't distract me too much from proceedings," the jury foreperson said after being questioned by the judge on Tuesday.
Robyn Hakelis, a lawyer for one of the defendants, alerted the judge to the puzzle playing.
She said everyone was upset another trial would have to be held.
"I think it's disappointing more than anything that in a trial the evidence would not have been listened to and jurors are sort of the judges of the facts and it's very disappointing they weren't giving our clients a fair trial," Ms Hakelis told AAP.
The judge was alerted after it was observed the jurors were writing vertically, rather than horizontally. It had been assumed they were taking notes.
Ms Hakelis said both defendants noticed the jurors playing sudoku while they each gave evidence.
"We were informed early on Monday of last week that that's what was happening in the jury box and then subsequent to that I made observation, sort of took note to watch what was happening," she said.
"I noticed they were writing in all different directions and straight away I thought `they're not taking notes like we thought they were'.
"Everyone assumed they were taking notes."
Jurors in the trial are anonymous and no action can be taken against them for the puzzle playing.
A new trial is expected to begin in a few weeks after a new jury is empanelled.
