NEW PROVISION.

Auckland Star, Volume LXIX, Issue 155, 4 July 1938, Page 7

NEW PROVISION.

PROTECTING JURIES. |! 11 OMISSIONS FROM LIST. |' !, OCCUPATIONS AND ADDRESSES ' ( (From Our Own Corresp lent.) ;l SYDN'KV. June ■>*. ! An action was .-ailed en f..r trial in', the .Supreme Cent here recently, ami it was then fotn.d that on the panel.' list, only the names of jurors were J enrolled in alphabetical order their! addresses and occupations being withheld, j Mr. C. E. Martin, who was appearing' in a case 1/e fore tlie Court, protested against the innovation, and Mr. ('live' Kvatt. K.C., also requested that the addresses and occupat ions of jurors should be supplied as an aid to counsel I in challenging and selecting. Mr. Justice Street, who was presiding in the Court, informed the barristers iircscnt. and tli- "onei- : .1 r.nl.i;,. t1...» ;.,

future 1 ho procedure would lie to supplv counsel with tin- mmmos of jurors only. For a civil trial name- an- drawn from the ballot box. and it is the privilege of each .side to strike off two naiinv. The four remaining jurors arc then sworn in for the hearing. A panel of tlie jury may be obtained from the Sheriff of the Supreme Court eight days before the day on which an action is set clown for hearing. This the rule in the Court at Westminster and it has been held to apply here. It is obvious that if the names c ,f the jurors on the panel, with occupations and addresses, are supplied before or on the date of hearing, the way is opened up for what the Courts politely term "malpractice"—that is, for intimidation or "nndue influence," or corruption. To guard against these contingencies as effectually as possible, by employing all possible precautions to prevent the identification of jurymen, the names only are to be supplied, ai.d considerable difference of opinion appears to cxir-t

niong our legal experts as to whether his innovation is necessary or desirable. Mr. Windeyer, K.C., admits that he has known cases in which jurors have leen approached," and he thinks that heir a<l<lrc-scs should be omitted from he panel list; but lie considers that the N-cupalion of jurors should be disclosed o assist counsel in challenging. Mr. J. \V. Sliand, one of our most anion- jury lawyers, would exclude "all uca ns of identifying jurors," and he liinkr- it iim-t important that no panel ist should he available for inspection H'fore the -lay of tit.- trial. Mr. Spender. K.C.. and Mr. Curtis. "i.C. agree with Mr. Winilcyer. K.C.. hat iuldi-4-.se* should be omitted, but hat, occupations should Ik- on recoivl to issNt iii challenging.