THE prospects of the Albert Reynolds libel case ending in a retrial looms today if the jury fails to reach a majority verdict following two and a half days of deliberations.
If Mr Reynolds then decides not to pursue the action further he will be required to pay the Sunday Times legal costs, which amount to about £1/2 million, as well as his own, which are likely to be considerably more.
Mr Justice French told the jury yesterday afternoon that he was prepared to accept a 10-1 majority verdict.
Although the jury of six men and five women continued deliberating for another hour and a hall, the foreman indicated at 4.15 pm. that the jurors still had no verdict.
While it is legally possible for the jury to bring in a majority verdict of up to 6-5, this requires both sides to agree.
But Lord Gareth Williams QC, representing Mr Reynolds, and Mr James Price QC, counsel for the Sunday Times, have separately indicated that a majority of less than 10 is not acceptable.
If the jury announces that it remains too divided, then Mr Justice French will discharge them and order a retrial. Mr Reynolds must then decide whether he wants to renew the proceedings.
Before being directed on a majority verdict yesterday afternoon, the jury spent much of the day seeking a dictionary definition of the difference between a fib and a lie.
Refusing the jurors' "unusual" request, Mr Justice French said: "These words are in everyday use and what matters is how you understand them and not what you might find in the dictionary."
Mr Reynolds returned from his Fianna Fail fund raising trip in New York on Saturday evening, and attended court yesterday with his son, Philip, daughter, Leonie and son in law Mr Kevin Crilly.
Although the hearing entered its sixth week yesterday, the British media only started to show interest late last week when a verdict was expected. They are now jostling for seats in Court 13's public benches with curious bystanders and Reynolds supporters.
Since the trial opened the season has changed from a very mellow autumn to a bitter winter, one juror has grown a full beard, the appearance of the plaintiff has altered from breezily confident to tired and frail following an accident, and the defendants have grown weary of analysing the latest developments in the case.
Among the Irish press, nerves are becoming frayed with the old lags, who have endured the case from the beginning, complaining bitterly about the Johnny comelatelys, who have arrived for the kill but with no knowledge of the prey.
However, one thing has not changed the group of loyal fans at Court 13 who attend every day. This includes a middle aged, white haired Longford woman who tells everybody that no Irishman will ever get a fair trial in an English court; a frail, elderly blind man, who keeps himself to himself and categorically refuses to talk to the press; and a man from the Northern Ireland Civil Rights Association, who says he attends a lot of cases concerning Irish people in Britain to note any anti Irish prejudice.
The Chambers Dictionary describes a fib as "a not very serious lie". It describes a lie as "a false statement made with the intention of deceiving; anything misleading or of the nature of imposture".