XN000022-1986-01-29 — Page 19

WEDNESDAY, JANUARY 29, 1986

17

+THUS, A JURY CONSISTING OF ONLY FIVE MAY STILL DELIVER EFFECTIVE VERDICT, MR THOMAS SAID.

MR THOMAS NOTED THAT THERE HAD BEEN HAD HAD TO BE STOPPED AND STARTED AFRESH THE NUMBER OF JURORS HAD FALLEN FROM THE THAN THE MINIMUM OF FIVE, DUE TO DEATH, CAUSES.

INSTANCES WHERE TRIALS BEFORE A NEW JURY BECAUSE ORIGINAL SEVEN TO LESS ILLNESS, OR SOME OTHER

THE RISK THAT THERE WOULD NOT BE SUFFICIENT JURORS LEFT AT THE END OF THE TRIAL TO DELIVER A VERDICT WAS PARTICULARLY ACUTE IN THE CASE OF COMPLEX COMMERCIAL CASES WHICH COULD TAKE MANY MONTHS TO COMPLETE, HE SAID.

+ IF THIS OCCURS, AND A NEW TRIAL WITH A NEW JURY HAS TO BE ORDERED, THE COST IN TIME, INCONVENIENCE AND MONEY TO THE PUBLIC PURSE, THE CROWN AND THE DEFENDING PARTIES, COULD BE VERY HIGH INDEED,+ MR THOMAS SAID.

MR THOMAS SAID DURING THE PRE-TRIAL REVIEW OF THE +CARR LAN+ CASE WHICH RAISED COMPLEX COMMERCIAL ISSUES, THE TRIAL JUDGE HAL SUGGESTED THAT A LARGER JURY THAN USUSAL SHOULD IF POSSIBLE EE EMPANELLED FOR THE TRIAL IN CASE SOME OF THEM WERE TO DROP OUT BEFORE IT ENDED.

+THE TRIAL JUDGE'S SUGGESTION HAS SECURED THE SUPPORT OF ALL THE PARTIES TO THE CASE, BOTH PROSECUTION AND THE SEVERAL DEFENDANTS,+ HE SAID.

*JUDICIARY AS A WHOLE HAS ALSO WELCOMED THE SUGGESTION.+

THEY CONSIDERED THAT NOT ONLY SHOULD THE TRIAL JUDGE OF THE +CARRIAN+ CASE BE EMPOWERED TO EMPANEL A LARGER JURY THAN USUSAL. BUT THAT THE COURTS SHOULD BE GIVEN A GENERAL POWER TO DO SO IN SIMILAR LONG CASES, HE SAID.

MR THOMAS SAID THE PROPOSAL HAD ALSO ATTRACTED THE SUPPORT OF THE LEGAL PROFESSION.

HE SAID THAT IF THE PROPOSAL WAS IMPLEMENTED, UP TO FOUR JURORS COULD BE DISCHARGED DURING THE COURSE OF A TRIAL WITHOUT AFFECTING THE POWER OF THE REMAINING JURORS TO DELIVER A LAWFUL VERDICT.

+IT IS NOT ANTICIPATED THAT JUDGES WILL EXERCISE THIS POWER TO EMPANEL NINE JURORS EXCEPT IN HEAVY CASES WHICH ARE LIKELY TO TAKE A LONG TIME TO TRY, MR THOMAS NOTED.

+

EXPLAINING THE REASON FOR PASSING THE BILL THROUGH ALL ITS STAGES IN ONE SITTING, MP THOMAS SAID IT WAS DESIRED ON ALL SIDE THAT THE TRIAL JUDGE OF THE +CARRIAN+ CASE WHICH IS DUE TO COMMENCE ON FEBRUARY 24 SHOULD BE GIVEN THE POWER TO EMPANEL NINE JURORS IF NECESSARY THEREAFTER AND TO DISCHAPSE MORE THAN TWO WITHOUT FRUSTRATING ITS OUTCOME.

/+IN ORDER