gail.alexander@guardian.co.tt
Jury trials should be recognised as the gold standard- and any reduction in jury numbers represents an increased possibility of a wrong verdict, says Independent Senator Evans Welch.
Welch made that clear in the Senate yesterday, in arguing against the proposed amendment to expand the ambit of the “Trial by Judge Alone” system, reduce jury sizes and have lay assessors to assist judges.
Welch, an attorney of 36 years, began his presentation stating, “I don’t approve of the bill - unless I can’t be persuaded otherwise, it’s ‘dead on arrival’; when it comes to my vote, I’m prepared to say ‘Nay’.”
He added, “This (bill) is a case of jury trial abolition masquerading behind the suggestion...the facade of jury ‘preservation’. Trial by jury will still be law after this bill, but as matter of practicality, it will not exist.”
While Welch was prepared to listen to further contributions, he said there was a common theme behind the amendment: erosion of rights of an accused accorded in the criminal justice system, removal of checks and balances to ensure convictions are safe and verdicts are fair and undermining confidence of those most affected by it in the system.
“Blaming jurors for backlogs is ill-conceived and an incorrect representation. The only explanation I see for (the amendment) is administrative convenience and cost and those matters cannot take precedence over fairness and justice,” Welch added
He said with the crime of murder, it is safer to have 12 heads rather than one if the consequence is as serious as the death penalty.
“With 12 persons of various backgrounds sharing views, it’s more likely the correct verdict will be arrived at than any less. A reduction in jury numbers (12 to 9) is a 25 per cent increase in the possibility of a wrong verdict.”
Saying no rationale was given for the reduction of jurors, Welch said, “Is it legislation by vaps?”
He listed neighbouring jurisdictions with the death penalty and where jury numbers were all 12.
“But we seem to be sacrificing fairness and ensuring confidence in the system and correct verdicts, for expediency. It’s ‘easier’ to manage nine jurors ...less food, less time to select them. But those aren’t as important as the requirement to ensure justice is done.”
Asking if T&T was seeking to be first to deny people the right to trial by jury, Welch said that would stick out like a “sore thumb.”
Welch supported UNC Senator Jayanti Lutchmedial’s point that people will feel they passed through a fairer process if judged by their peers.
“So, for several reasons, jury trials should be regarded as the gold standard,” he said.
Welch dismissed the Attorney General’s comments about difficulty in finding jurors for a certain case years ago. He said that wasn’t typical. He noted that juries weren’t responsible for various delays, including staffing at the DPP’s office.
He said despite “judge alone” trials from 2017, the gold standard remained as the default position, and he had no difficulty with that hybrid system. But Welch was critical of an accused having in the future to argue to a court that it’s in the interest of justice for him/her to be tried by a judge and jury. Nor did Welch feel judges would self- critique to that extent. He said judges alone won’t have the checks and balances of other views and despite law degrees, would be unlike jurors who take the Bus Route or mix with people daily. (Gail Alexander)
