A University of Auckland law professor says the jail sentence given to a man who said he was too busy to be a juror is a reminder of the importance of jury duty.
Judge Nevin Dawson found James McAllister to be in contempt of court on Wednesday and sentenced him to 10 days in prison after the engineering consultant approached the bench to say he was too "busy at work" to sit on the jury.
The judge did not accept his excuse and McAllister was told to return to the jury box, where he refused to take the juror's oath or affirmation. By then other potential jury members had already been sent home, so a replacement could not be chosen and the trial was adjourned.
"It may be there's something to his excuse, but he didn't make it at the right time," Associate Professor of Law Bill Hodge says. "By leaving it until he was empanelled in the box, it was a bit late. No wonder the judge was upset and frustrated."
Yesterday an alternative 12th juror was chosen and McAllister was sent to the cells for the day, even though he said he could sit on the jury.
Under the Juries Act, $1000 is the maximum fine for failing to turn up to court, but Judge Dawson sentenced McAllister to 10 days in prison under the Criminal Procedures Act.
McAllister was reportedly released on bail after his lawyer said he would file an appeal at the High Court today. His lawyer, David Jones, QC, did not respond to requests for comment and nobody came to the door at McAllister’s home when 3 News visited today.
Mr Hodge says the judge’s decision to sentence McAllister for contempt of court is an unusual move in a situation like this.
"But, on the other hand, contempt is so open-ended it covers a lot of things. But it doesn’t happen very often, and the jury problem comes up once every few years."
The Law Commission is working on a review of the contempt of court laws – which are mostly created by judges – to determine whether they can still be justified, understood and enforced.
"It is too early in the project for the Law Commission to express a view on these questions," commissioner Peter Boshier says in a media release, adding that the commission "will obviously await with interest any decision the court may make on the current case if it is appealed to the High Court as has been indicated".
An issues paper seeking public submissions on the Commission's review is due to be published early next year.
In the meantime, Mr Hodge has a tip for anyone who thinks they are too busy for jury duty.
"If the busyness is that extreme, and that would pose an undue hardship, then put it in writing in advance," he says. "Yes we’re all busy, but this is a very important civic function."
3 News
source: newshub archive
