DPP wants rejigging of system to fix juror crisis

Noting that the chronic issue of juror shortage is at the worst state she has seen it in years, Director of Public Prosecutions (DPP) Paula Llewellyn on Monday called for an examination of the process of selecting and serving jurors.

She also agreed with Justice Leighton Pusey that the authorities need to revisit the stipend given to jurors with a view an increasing the amount.

“There has always been an issue, but I have never seen it as bad as this. It has been pretty bad over the last, I would say, maybe seven or eight years,” the DPP told The Gleaner.

“A really critical look has to be taken at the whole issue of how the list for the jurors is settled, a critical look has to be taken whether the police are serving the jurors, and perhaps, what is actually happening on the ground.

“Is it that a lot of persons are saying, ‘I can’t be bothered’?” she added.

The island’s chief prosecutor raised the issue again during the opening ceremony for the Hilary term at the Home Circuit Court in downtown Kingston, where she stated that the problem was affecting trials in all parishes and that 85 per cent the cases scheduled in the circuit courts are jury trials.

“Unfortunately, the reports I have received from crown counsel in the circuit courts all over the island have not been good in relation to the number of jurors they have been able to empanel because of the paucity of jurors,” said Llewellyn.

“There is a very high public interest matter with about four accused in Hanover, which has been going from term to term from last year because we can’t find enough jurors,” she added.

The DPP further mentioned that the Westmoreland Circuit Court did not have more than 14 jurors in the last Easter term.

LOSS OF CIVIC PRIDE

But according to the DPP, one of the factors compounding the problem is that a number of persons have lost their civic pride.

“It is part and parcel of the deterioration of people’s awareness of what it means to be a citizen in this country. This era of self-gratification and me, myself and I, perhaps, it is part of the casualty of what is happening.

“So civic pride needs to be enhanced, perhaps by public-education programmes run by the Jamaica Information Service,” she suggested, adding that she was encouraged by reports that the education ministry will be rolling out civics in schools.

In the meantime, Llewellyn said that while the public clamours for accountability and transparency in how justice is dispensed, citizens need to understand that they have a significant role to play.

“No judge alone can give justice, no prosecutor or DPP alone can give justice, no police officer alone can give justice, [or] even defence counsel. We need to have the witnesses available, members of the public have to engage with the system not only to give service as a juror, but very importantly, to tell what they know because without credible, cogent, reliable and admissible evidence, the prosecution will not be able to prove a case or persuade counsel for the defence and his client to consider pleading guilty,” she said.

Justice Minister Delroy Chuck, however, does not believe the issue is not about a shortage of jurors. According to him, the authorities are still using the voters’ list to find jurors instead of using a list of registered taxpayers.

“When you use the electoral list to find jurors, the likelihood is that in 75 per cent of the cases, you won’t find them because most of the electors have changed their addresses, so it is a real challenge if you are using the electoral list,” he said.

He admitted that the stipend is low, especially for jurors in rural Jamaica who have to travel far distances to get to court, and that the amount could be reviewed.

However, he said that it is the responsibility of the Court Administration Division to make a proposal to adjust the fees.

“There is no doubt that a number of people, for whatever reason, don’t want to participate in jury trials, but they are the very same ones who complain about the level of criminality, so I think it is very important that persons who are summoned to jury trial that they should take the opportunity to serve and discharge their civic duty,” Chuck said.

A total of 686 cases are on the list for the Hilary term, including 26 sentencing matters, 46 new cases and 612 matters which were carried over from the last term.

Some 122 cases are set for jury trial for the term, which will run from January to March.

Murder continues to dominate the list with 358 cases, followed by 133 sexual offence matters.