DUTIES OF COUNSEL TO JURORS

Dominion, Volume 32, Issue 260, 1 August 1939, Page 10

DUTIES OF COUNSEL TO JURORS

Must Avoid Needless Loss And Inconvenience

STATEMENT BY CHIEF

JUSTICE

The duly of the Court and of members of the Bar to see that jurymen stiftered as little loss and inconvenience as possible was the subject of a statement by the Chief Justice (Sir Aichael Myers) in the Supreme Court, Wellington, yesterday. The matter ar»>se after the swearing-in of the jitryinen summoned for the present wer.'k’s session and the calling of the first action set down for trial. This wa»t a claim for damages arising out of tin accident and counsel for plaiutil'fi Mr. It. It. Scott, moved for judgment for the amount paid into Court,

plus costs. ■ '.Hie Chief Justice then said.— "fl would like to say a word or two aboat today’s happening; it has been mentioned before over and over agtltu. We .have here 50 or more men who have, been called on as a duty to their country to assist in the administration of justice by serving on juries. They have «come at considerable personal inconvenience —in some cases at a loss became even a few shillings out of pockoj may be substantial to a working nfin. In this instance this iuconveulenpe and loss should bale been avoidc.fi. The sum for which judgment fe asked for (£563) was paid into Court on Thursday and there is no reaatm whatever, I should suppose, why it could not have been decided by next day, at the latest, whether it should he accepted. If it had been, it wa s the duty of plaintiff’s solicitor to inform the Registrar of the Supreme Court wfto could, by Press advertisement anal telegrams, have notified the jurors that their services were not

required. "Not duly is there ’ inconvenience and loss to individual jurors, but there is substantial loss to the State which has to pay the jurors an amount fixed by regulation and of which only a very small part is recouped to it by way of jury flies payable in this particular case. "In my opinion it is the duty of members oC the legal profession to- do their very 1 best to avoid these consequences. When there is a question of settlemunt they should negotiate earlier and? not wait till the last five minutes to make up their minds whether to accept au amount paid into Court.” i Counsel's Explanation. Air. Scott said that he was notified of the amount having been paid in after 3 p.m. on Thursday; it was paid in only two'working days before the date set down for trhfL in addition, the nom iual plaintiff (mother of the actual plaintiff, a mlkior) lived at Taihape. The Chief Justice: My answer to that is that t(here are such things as the telegraph a telephone and postal services. I a>»i sorry that it has fallen to your inijividual lot, Mr. Scott, to have this criticism made, but 1 wel come tlie opportunity of making the statement. It is not a question of the convenience of |the judges, who have to be here in any '-case, but it is the duty of the Court ai«l tne professional men engaged in casCls io see that jurymen suffer as little Inconvenience and loss as possible. Wikat I have said is not intended to be with any asperity. The case was cue in which a minor, William Seaforth McKenzie, apprentice turner and ‘ fitter, through Ins mother, Alice AlcdXcnzie, widow, Taihape, sued John William Downey, dnv er, Wellington (Mr. E. Barry), for £l4OO general damages, £242 loss of. earnings and oth.gr expenses bringing the total of the claim to £1705. It was stated that AbtKenzie, while motorcycling in Thorndcjn Quay on December 5, 1938, collided wtith a car driven by Downey. He was three months in hospital, was advised fjhat he would not be able to earn again till October, 1939, and would not reg Kin his normal physique for two years.; A section of the claim set out that as the period of total incapacity would not be calculated as pail of his apprenticeship, his receipt <»f a journeyman’s wage would be delated for that time after his period uf apprenticeship would ordinarily hike expired. The result would be a lops of the journeyman’s wage for the 1 period of total incapacity. After entering jud fment by consent for £563 with costs uif- to and including, preparation for the ! trial, the Chief Justice said to tlie junors: "I am sorry you have been inconvenienced by being called here and bavin f your day wasted, and I have already expressed my views about this.’’ . i The jurors were discharged till 10 a.m. today. ■ H 1