| Forum defers trials without jury bill, rejects judicial salary bill | | Print | |
| Thursday, 16 September 2010 10:31 | |||
 Two proposed bills drew much criticism from the Consultative Forum at its meeting Sept. 14 — one setting out the procedure for having Supreme Court criminal trials without juries and one setting salaries and pension eligibility for local judges. Forum members had various opinions on the bill that would allow defendants, prosecutors or judges to request a criminal trial without a jury in the Supreme Court. The presiding judge would make the decision, which could be appealed by either side to the Court of Appeal. Some members saw an advantage to having trials without juries to ensure a fair trail, and in very complicated cases that might be difficult for a jury to sort out. But most wanted the bill require that more than one judge make the decision. At his first appearance before the forum, new Attorney General Huw Shepheard explained that the right to jury trials has been suspended under the interim government. In his Commission of Inquiry report last year, Sir Robin Auld recommended that the right to jury trials be removed — as it has in the U.K. and other countries — in cases where it would be impossible to have a fair trial for both the defendant and prosecutors, or in very complicated cases. That recommendation is currently in the first draft proposal of Constitution and Electoral Reform Leader Kate Sullivan and has been drawing fire from residents in her recent round of public meetings. If that right is removed, the bill would provide the procedure and safeguards for holding bench trials — trials decided by judges without a jury. Shepheard said he also would give his prosecution staff guidelines for cases in which they should request trials without juries. However, there is currently a proposal to remove the role of prosecutors from the attorney general’s office and give it to a new Director of Public Prosecutions. “Too many people are on the street now who have gotten away with murder — literally,” forum member David Bowen said of some criminal cases decided by juries. Having judges instead of juries would remove the chance of friends and family on juries denying justice, he said, but more than one judge should decide whether or not a jury would be used. The forum recommended that the bill be deferred so that its members could receive more information, and that the bill could be revised and discussed further before being recommended to the governor’s Advisory Council. In other matters, the forum flatly rejected a bill that was aimed at ensuring the independence of local judges not working under contract. It would move the responsibility of setting salaries from the governor to the Judicial Service Commission. The point that upset members was the provision that a judge would be eligible for pension after serving only 10 years, much less than employees in public service. As the bill currently would only affect one sitting judge, members didn’t see any urgency in addressing the situation. Shepheard said there would likely be more local judges in the future, and the bill would make provisions for their salaries and pension to be beyond the influence of the governor. Forum Chairwoman Lillian Misick said she preferred to have contract judges who serve here for limited periods, ensuring that they remain objective. She urged fellow members to reject the bill, which they did. Answering questions from member Sharlene Cartwright-Robinson, CEO Mark Capes provided the following information on the number and breakdown of permanent residency certificates, pending investments and youth imprisonment. Permanent Residency Certificates Pending development projects
Youth Imprisonment
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