COURT JURIES

New Zealand Herald, Volume 80, Issue 24748, 23 November 1943, Page 4

COURT JURIES

TRIBUTE BY JUDGES HIGH EDUCATION STANDARD The capacity of a common jury to understand difficult technical evidence was discussed in the Supreme Court yesterday, when a motion for the review of a Judge's order granting a special jury was heard by Mr, Justice E air and Mr. Justice Callan. The order had been made in chambers by Mr. Justice Fair.

His Honor had made the order in a case in which, as a result of a motor accident, Gilbert Rollinson Euller, orchardist (Mr. Mackay), claimed damages from Winstone, Limited (Mi. Leary). The company made the application for a special jury, on the grounds that there would be difficult medical questions to be decided, and the motion for review was lodged by the claimant. Sound Judgment Mr. Mackay said common jurors were more independent and less easily swayed by weight of numbers in evidence than, were special jurors. Since I<JO7 a secondary education had been made available to everyone in New Zealand and the mass of the people had reached a higher standard of education than in other countries. The special jury list for Auckland carried only 377 names.

There was no doubt that the common jurors in New Zealand showed a high standard of education and intelligence, said Mr. Justice Fair. They also exercised sound judgment. "I entirely agree with that," said Mr. Justice Callan. "Does that not also apply to special jurors?" Nature of Evidence

Stilting that tin; application for the special jury had been lodged on the grounds that there was likely to he a dillicult conflict ol" medical evidence, Mi;. Justice Fair held that the order granting a jury had been properly made. He stated that a special jury panel of 377 was probably small for u city the si/.e of Auckland, but he did not think a case should he prejudiced by reason of the fact that the jurors were drawn from that number.

Agreeing that the order for a special jury should stand, Mr. Justice Callan said that, although the country's educational standard was high, many people did not continue their education after they left school. There were others who did and who continued to make use of thejr brains and continued their training. it was from these people, who proved their capacity by what they did in the world, that the special jury panel was chosen.