Jury Panel Exhausted

Press, Volume CIX, Issue 32005, 4 June 1969, Page 28

Jury Panel Exhausted

/N.Z. Press Association) WELLINGTON, June 3. The jury panel in the Supreme Court became exhausted by challenges today before a full jury could be empanelled for the trial of five youths on five counts of rape. Only 10 jurors were empanelled before the panel became exhausted. On the application of the Crown prosecutor (Mr J. H. C. Larsen), Mr Justice Roper granted a request for “tails.” By that procedure the sheriff was commanded to name and appoint such persons as were necessary to complete a jury of 12.

An accused person is allowed six challenges of jurors, and with five accused there was a possibility of 30 challenges. Defence counsel, Mr M. A. Bungay, m-de seven challenges and the Crown, which has unlimited right of challenge, made six. When the panel was exhausted his Honour directed that the jurors the Crown had challenged be called again. When this was done they were challenged a second time. His Honour commanded the sheriff, Mr G. T. Grace, who is also registrar of the court, to appoint sueh persons as were necessary to

complete the jury. This procedure was carried out under section 116 of the Juries Act. • Mr Grace then ordered all bystanders to come forward. Five men did so but two of these were to be witnesses. A number of other people were brought in from the court vestibule. Some of these, however, were eliminated because they were connected with criminal trial* to be heard this week. Eventually four men were made available. After one further challenge by the defence, a jury was empanelled and the trial began.