XN000022-1993-07-14 — Page 31

WEDNESDAY, JULY 14, 1993

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STEPS TAKEN TO AVOID MISTAKES IN FUTURE JURY TRIALS

THE ACTING CHIEF JUSTICE HAS THIS WEEK SENT TO ALL JUDGES OF THE HIGH COURT A SPECIMEN DIRECTION AND A FORM WHICH THE JUDGES WERE INVITED TO USE IN ALL FUTURE JURY TRIALS AS ONE OF THE STEPS TAKEN то AVOID A MISTAKEN JURY VERDICT OCCURING IN THE FUTURE, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, SAID.

IN HIS REPLY TO THE LEGISLATIVE COUNCIL, MR MATHEWS SAID THE SPECIMEN DIRECTION WAS TO BE GIVEN BEFORE THE JURY RETIRED TO CONSIDER ITS VERDICT.

IT EXPLAINED EACH JUROR WOULD BE GIVEN A PIECE OF PAPER SETTING OUT THE QUESTIONS THAT THE FOREMAN OF THE JURY WOULD LATER BE ASKED.

"IT THEN SUGGESTS THAT, AFTER THE COLLECTIVE DECISION IS REACHED, EACH JUROR SHOULD NOTE ON HIS OR HER PIECE OF PAPER THE AGREED ANSWERS, AND SHOULD RETURN TO COURT WITH THAT PIECE OF PAPER.

"IF

ANY MISTAKE ARISES WHEN THE FOREMAN ANSWERS THE QUESTIONS PUT TO HIM OR HER, THE JURORS ARE INSTRUCTED IN THE SPECIMEN DIRECTION TO DRAW IT TO THE JUDGE'S IMMEDIATE ATTENTION, MR MATHEWS SAID.

+

THE

THE PIECE OF PAPER WAS TO BE BASED ON THE FORM SENT OUT BY ACTING CHIEF JUSTICE. IT MIGHT HAVE TO BE MODIFIED TO MEET PARTICULAR CIRCUMSTANCES.

IT SET OUT A SERIES OF QUESTIONS IN RESPECT OF EACH COUNT AND EACH ACCUSED, AND IN RESPECT OF EACH ALTERNATIVE VERDICT OPEN TO THE JURY IF THE VERDICT ON THE MAIN COUNT WAS NOT GUILTY.

"THE ACTING CHIEF JUSTICE HAS ASKED HIGH COURT JUDGES, AT THE END OF THREE MONTHS, TO SUPPLY THE CHIEF JUSTICE WITH ANY COMMENTS THEY MAY HAVE ON HOW THIS SCHEME IS WORKING," MR MATHEWS SAID.

"THE PRIMARY RESPONSIBILITY FOR ENSURING THAT JURORS UNDERSTAND THEIR RIGHTS AND DUTIES LIES WITH THE TRIAL JUDGE. THE NEW SPECIMEN DIRECTION AND FORM ARE DESIGNED TO HELP JURORS UNDERSTAND WHAT THEY ARE BEING ASKED TO DECIDE AND WHAT THEY SHOULD DO IF THE FOREMAN MAKES

MISTAKE.

THE TRIAL ROLE.

BEGINS BY BRING THE PAMPHLET IS PROPOSED THAT,

NOW

IN

PREPARED

FOR

THE

"JURORS ARE ALSO ASSISTED BEFORE GIVEN A PAMPHLET THAT EXPLAINS THEIR BEING REVISED AND THE JUDICIARY HAS ADDITION, AN INSTRUCTIONAL VIDEO SHOULD BE INFORMATION OF JURORS, HE SAID.

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