jury farce
I cannot believe that yet another trial case has ended up at the mercy of juror misconduct. This time it is high profile murder trial of Gordon Wood, who is accused of killing Caroline Byrne by throwing her off The Gap in 1995. The trial has been suspended pending the empaneling of a new jury.What happened this time? A member of the jury called up 2GB and told the radio announcer off air that one juror had already made up their mind, and that some other jurors were going to make personal investigations at The Gap.
The judge summoned the jurors and questioned them. They all denied the allegations. The announcer was asked to identify the voice of the juror, but could not do so with certainty. Nonetheless, the judge suspended the trial believing that these events would jeopardise the accused getting a fair trial.
I am disappointed at the jurors for not respecting their position as jurors to uphold the scales of justice. It's not all about the lack of pay, or the long hours sleeping in court. It's the importance of the position that is juror. It is their decision that determines a person's guilt. The trial is an arduous process on the families of both the victim and the accused. It is sheer callous disregard that knowing the rules, they endeavour to break them. I'm not sure if they did it with good intentions, nor will I ever find out. But one thing's for sure, they disregarded the rules. Now the trial must restart. At what cost? More emotional turmoil for the victim's family, more money gone to lawyers, wasted efforts and time and most importantly it points to a systemic human urge to disregard the rules.
I really don't know if tightening the rules and increasing penalties will act as a deterrant. I believe that unless people realise their paramount importance as juror, nothing can be done to prevent this in the future.
benny | Thursday, August 07, 2008 
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