An accused person in a criminal trial who is legally represented and has full knowledge of a ground of apprehended bias affecting a juror may waive the right to object by knowingly allowing the trial to proceed without challenge. The waiver principle established in Vakauta v Kelly for civil proceedings applies equally to jurors in criminal trials. An accused who stands by with knowledge of the ground of objection cannot reserve the right to take the point after an adverse verdict. However, effective waiver requires the accused to have knowledge of the material facts giving rise to the apprehension of bias.
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