CHALLENGE OF JURORS.

NZ Truth, Issue 218, 28 August 1909, Page 5

CHALLENGE OF JURORS.

A Novel Point.

A novel point, involving tns right of the accused person to challenge jurymen who are empanelled for the purpose oi his trial, arose at the Wellington Criminal Sessions on Thursday Jast. Two men , being jointly charged with an oflence, and . both being out on bail, only one put m an appearance when called upon. The trial of the one appeared w?*s fhrar&upon proceeded with, m the absence of the bther accused, and this man was snb-; •sequently convicted. At a later stage, the. missing accused person put m an appearance, his temporary absence being satisfactorily accounted for, and he was forthwith duly arraigned. Counsel for this accused, at the ou'xset, asked his Honor to allow him, without prejudice, to his statutory right to challenge' six jurors, to challenge "for cause,"' any or all of those jurors who had served on the former jury, which had found the first accused guilty, the two accused persons having been jointly clmrged and the alleged offence m each case being one and the same, such jurors presumably being prejudiced, and, therefore, unsuitable persons ■to serve on tire jury spoilt to" be sworn. His Honnr admitted the right of chtvllengo 1! for cause" m all cases where PARTIALITY ACTUALLY OK PRESUMABLY EXISTS, but there was a reported case m the English Courts which distinctly laid it down that m such a case as that which had arisen no partiality could bo presumed, and consequently his Honor rlei clined to i^rant counsel's application. A i suggestion was then made that the Crown Prosecutor should assist out of the difficulty by ordering any such jurors who might be called to "stand aside," the Crown's right to ordur jurors to- "stand ?.si«e" being limited only by the size oi ! the entire panel, counsel for the accusedoffering, on his part, to make no oilier challenges. The. -Crown, howe\cr, (iecii-i---pd to act upon this suggestion, and his Honor expressed grave doubt, -nlittl.ct such an under fevi-jn/; by counsel for the accus- ) ed was a right aiicl proper one. Attrz S')ia? further d;Rrussion. the trial was al-jo-.v«d to sUzr.A ov P r ti!) Mnncfav' nexr-, vA-.cn an cntluiy frosh set t.l iuryroen • Will bo summoned.