A jury bailiff explained the legal concept of 'intent' to a deadlocked jury by describing attacking someone with either a baguette or a machete.
The usher's actions - in breach of a solemn oath - may have tipped the balance during 16 hours of heated deliberations at Liverpool Crown Court.
Jurors decided dad-of-three Stuart Whittaker did have the intent to cause grievous bodily harm to two victims, which saw him wrongly jailed for 17 years.
But after the trial the usher inadvertently confessed while chatting away in court - seemingly not realising her every word was being recorded.
And it emerged the jury forewoman had also contacted Whittaker's family to complain about alleged bullying by other members of the jury.
The ECHO covered Whittaker's trial in 2019, but we have never been able to report on the shocking events that followed, or his sentence.
That was because of reporting restrictions imposed ahead of an appeal - when the controversial convictions were quashed - and a retrial.
Now, following the 36-year-old's acquittal on the two most serious charges remaining against him, the staggering story can finally be told.
Whittaker's case made national headlines when he was charged with the attempted murder of a Merseyside Police officer after an incident on June 27, 2018.
Liverpool Crown Court heard he stormed his former friend Anthony Wilson's home, in Turret Road, Wallasey, while armed with an axe and a lump hammer at around 11.30pm.
Whittaker slashed the dad, in front of his partner Stacy Wilson and their terrified children, after barging past Ms Wilson's terrified 12-year-old daughter, who opened the front door.
Police received an anonymous 999 call and PC Thomas Birkett entered the home, yelled "it's the police" and "put that down" as Whittaker hid behind a door.
PC Birkett fired a Taser at the thug, but missed.
Prosecutors said Whittaker twice swung the axe at the officer, shouting "I will f***ing kill you", before witnesses saw him chase PC Birkett down the street, again swinging the axe.
He fled to nearby woods, where he was arrested, before PC Birkett discovered Whittaker's girlfriend sitting in a nearby car, now containing the weapons.
Mr Wilson was treated for two wounds to his head at hospital, but Whittaker initially denied assaulting him, or taking an axe into the property.
Whittaker, of Beech Grove, Ellesmere Port, first stood trial in December 2018, when he denied any wrongdoing, only for that trial to collapse because of legal reasons.
At a second trial in May 2019, he admitted wounding Mr Wilson, but denied wounding him with intent to cause grievous bodily harm.
He also denied making threats to kill, after he was alleged to have said: "I will f*****g cut your baby's f*****g head off."
Whittaker denied attempted murder and an alternative charge of attempting to wound with intent to cause grievous bodily harm, both relating to PC Birkett.
He told the jury he just wanted to scare the officer away and if he wanted to have attacked him, he could have done.
Axeman's 'superhero' defence
Whittaker claimed that to have chased him up the street then got back to his car "in the blink of an eye" when the officer turned around "I'd have to be The Flash".
Jurors - who watched the officer's bodycam footage - cleared him of attempted murder and making threats to kill, after a seven-day trial.
But the jury found him guilty by a majority of 10-2 of attempting to wound with intent to cause grievous bodily harm, and wounding with intent to cause grievous bodily harm, as Whittaker shook his head in the dock.
Judge Neil Flewitt, QC, adjourned the case for a pre-sentence report and told Whittaker he would learn his fate on June 24, 2019.
However, two major issues then came to light.
The first arose when the usher had a conversation with a court clerk and two barristers not involved in the trial, about how difficult it must be to serve on a jury.
The usher's bizarre and forbidden legal directions
This discussion took place in an empty courtroom between cases, but the DART (digital audio recording technology) system was switched on.
The ECHO understands the experienced usher revealed how the jury in Whittaker's case had got "stuck" on the legal issue of intent and "couldn't get their heads around it".
She explained that she told them it was "easy" and gave the example of how if she ran at them with a baguette and tried to hit them with it, they wouldn't be scared, because they would know she wasn't going to hurt them, so her intent wasn't there.
However, the usher said she told the jurors that if she ran at them with a machete, they might think that the intent to hurt them was there.
The usher remarked that she didn't know whether this explanation was right or not, but said it was what she told the jury, because they were stuck on the issue.
'Bullying' on the jury
Her comments were reported and an internal investigation was commenced by Judge Flewitt.
While this was ongoing, the jury forewoman also made contact with Whittaker's family, expressing concerns about what had happened during deliberations.
The ECHO understands she alleged that some "bullying" members of the jury had pressured other jurors into returning their verdicts.
At a hearing on July 12, 2019, Ian Whitehurst, defending, said there would be an "expedited" appeal.
It was at this stage that Judge Flewitt imposed reporting restrictions, which he said were "to protect the integrity" of any appeal and/or subsequent retrial.
Graham Pickavance, prosecuting, said the reasons for the appeal were "quite unique" and there was a "real possibility of a retrial", which might have to take place outside of Liverpool.
"Searing injustice"
Mr Whitehurst said his client's appeal, including a redacted transcript of the DART recording, had been logged with the Court of Appeal.
The lawyer said he had also been contacted by a detective in the case, who had "received an email from the chief constable to commence investigation into the actions of the jury foreperson".
Mr Whitehurst said the grounds of appeal were the actions of the usher and the report of bullying from a juror.
He added: "This case is unusual, I've never come across it."
Urging the judge not to proceed to sentence his client, he said: "His sense at the moment of a searing injustice may be compounded by sentence.
"It's a wholly exceptional case. When I was informed of the situation I quite frankly found it difficult to believe, before I saw the documentation before me."
History of violence
Judge Flewitt said he had been informed there may have been "inappropriate contact between the jury bailiff and the jury in retirement, and/or some inappropriate contact between a juror and a member of the defendant's family".
The judge said he had reported these matters to the Registrar of Criminal Appeals and a date for an appeal was set, but, in accordance with official guidelines, he would still proceed to sentence.
Judge Flewitt referred to Whittaker's past convictions, which included wounding in 2011, when he used a knife to inflict five wounds to another man; possessing a bladed article in 2015, when a large kitchen knife was found in his car after a police chase when he hit a garden wall; and possessing an offensive weapon in 2016, when he was caught with a wooden baton and a hammer.
"It's all lies"
Citing the Probation Service's assessment that he posed a "high risk of serious harm", his history of threatening behaviour, wounding and carrying weapons, and evidence of "significant flawed thinking and profoundly negative attitudes", he determined that Whittaker was a "dangerous" offender.
Judge Flewitt gave Whittaker a 17-year prison sentence, with an extended five years on licence.
That meant Whittaker would have served a minimum of two thirds of the sentence - 11 years and four months - in prison, before he could even have applied for parole.
One family member stormed out of court, saying "I can't listen to this", before Judge Flewitt commended PC Birkett for his bravery.
Another of Whittaker's supporters shouted: "Commend him my arse, it's all lies."
Usher avoided prosecution
Just six days later, Whittaker's appeal was upheld by judges at the Court of Appeal, who ordered a retrial, at a cost of tens of thousands of pounds.
The usher was immediately suspended and ultimately sacked for gross misconduct in August 2019.
A Ministry of Justice spokesman said: "Following an investigation, the member of staff no longer works for Her Majesty's Courts and Tribunals Service and rules of conduct have been reinforced."
The ECHO understands this "thorough investigation" revealed no further complaints about her conduct while working at the court in Derby Square.
There is no suggestion that anyone else involved in the case from the judge to counsel and other court staff acted inappropriately in any way.
Despite her catastrophic error, the disgraced usher avoided criminal prosecution.
'Insufficient evidence'
Merseyside Police told the ECHO it investigated an allegation of misconduct in a public office against the jury bailiff.
A force spokeswoman said: "A 65-year-old woman voluntarily attended an interview with officers in relation to the allegation.
"A file was prepared for the Crown Prosecution Service, who reviewed the evidence and found there was insufficient evidence to charge."
Cheshire Police also investigated "an allegation of intentionally disclosing the jury's deliberations" against the jury forewoman.
A spokesman for the force said: "A 32-year-old woman voluntarily attended an interview with officers in relation to the allegation.
"A file was prepared for the Crown Prosecution Service, who reviewed the evidence and found it was not in the public interest to charge."
Geoffrey Fryar, head of the Complex Casework Unit at CPS Mersey-Cheshire, said Merseyside Police conducted a "thorough investigation" into whether the jury bailiff had committed any criminal act and submitted a file in March 2020.
Jury forewoman revealed 'irregularity'
He said: "The evidence was carefully reviewed by our Complex Casework Unit. The review concluded that there was insufficient evidence to prove to the criminal standard that an offence had been committed.
"That was because it could not be proved that the jury bailiff's actions amounted in law to misconduct in a public office."
Mr Fryar said Cheshire Police also provided a file of evidence, regarding the jury forewoman.
He said: "This was thoroughly reviewed by the CPS and the decision was taken that a prosecution was not in the public interest.
"The jury foreperson's disclosure had revealed an irregularity in the jury room, she co-operated with the subsequent investigation and did not share the disclosure any wider.
“The Code for Crown Prosecutors states that, in order for a prosecution to take place, there must be enough evidence to provide a realistic prospect of a conviction on the charge and the prosecution must be in the public interest. If either test is not met, the prosecution cannot go ahead."
Collapsed in the dock with relief
Whittaker, who has been held in custody since June 2018, stood trial again this April, now at Manchester Crown Court, before a different judge and with different prosecution and defence counsel.
On May 10 he was found not guilty of attempting to wound PC Birkett with intent to cause grievous bodily harm, and cleared of wounding Mr Wilson with intent to cause grievous bodily harm.
Whittaker collapsed in the dock with relief when the two not guilty verdicts were returned.
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Marcus Rickard, defending, said his client accepted when first arrested in the woods that he had done wrong.
Whittaker's words were: "I know I've done something wrong, but I never attempted to murder a police officer."
Ordering a new pre-sentence report, High Court judge Mr Justice Spencer also referred to the convictions and extended prison term imposed in June 2019.
He said: "Those convictions were quashed by the Court of Appeal following a serious jury irregularity."
Whittaker will be sentenced on June 4.
* A previous version of this article incorrectly stated that Whittaker had pleaded guilty to attempted wounding in relation to PC Birkett.*
