Nemesis
03-31-2004, 09:40 PM
April 1, 2004
NEW freedoms enjoyed by jurors meant some would go off and make their own inquiries defying instructions from judges, NSW's chief prosecutor said today.
The role of juries has come under scrutiny as a result of appeals lodged by two convicted gang rapists, following allegations two jurors conducted their own investigations at the crime scene during deliberations.
Lawyers for Bilal Skaf and his brother Mohammed Skaf are arguing the crime scene experiments by the jurors resulted n a miscarriage of justice.
Director of Public Prosecutions (DPP) Nicholas Cowdery said the subject of juries was a vexed issue that required debate before action could be taken.
He said all options were up for discussion, including locking up jurors during sensitive trials and judges issuing stronger warnings.
"Once upon a time juries used to be locked up during the period of the trial and not able to access other people and newspapers," Mr Cowdery told ABC radio.
"As jurors have this increasing freedom, if you like, given to them, they have become more adventurous and they have done their own explorations and made their own inquiries on occasions about the matters in which they're involved.
"I know that judges are particularly concerned and the attorney-general will be prompting discussion and debate about the issues that are involved."
Mr Cowdery said juries would understandably question instructions issued by judges.
"If you warn a jury not to do something, the jury naturally enough is going to say well, why can't I?, and there are going to be some people no doubt who will go off and do things anyway even though they've been told not to," he said.
AAP
news.com.au (http://www.news.com.au/common/story_page/0,4057,9156057%255E1702,00.html)
NEW freedoms enjoyed by jurors meant some would go off and make their own inquiries defying instructions from judges, NSW's chief prosecutor said today.
The role of juries has come under scrutiny as a result of appeals lodged by two convicted gang rapists, following allegations two jurors conducted their own investigations at the crime scene during deliberations.
Lawyers for Bilal Skaf and his brother Mohammed Skaf are arguing the crime scene experiments by the jurors resulted n a miscarriage of justice.
Director of Public Prosecutions (DPP) Nicholas Cowdery said the subject of juries was a vexed issue that required debate before action could be taken.
He said all options were up for discussion, including locking up jurors during sensitive trials and judges issuing stronger warnings.
"Once upon a time juries used to be locked up during the period of the trial and not able to access other people and newspapers," Mr Cowdery told ABC radio.
"As jurors have this increasing freedom, if you like, given to them, they have become more adventurous and they have done their own explorations and made their own inquiries on occasions about the matters in which they're involved.
"I know that judges are particularly concerned and the attorney-general will be prompting discussion and debate about the issues that are involved."
Mr Cowdery said juries would understandably question instructions issued by judges.
"If you warn a jury not to do something, the jury naturally enough is going to say well, why can't I?, and there are going to be some people no doubt who will go off and do things anyway even though they've been told not to," he said.
AAP
news.com.au (http://www.news.com.au/common/story_page/0,4057,9156057%255E1702,00.html)