NSW:Jury brings commonsense to trials: NSW A-G

AAP General News (Australia)
12-14-2011
NSW:Jury brings commonsense to trials: NSW A-G

SYDNEY, Dec 14 AAP - NSW Attorney-General Greg Smith has backed the retention of juries
for criminal trials, saying the commonsense they bring to court hearings should not be
underestimated.

Mr Smith was responding to calls by Justice Peter McClellan for a court review of the
jury process in NSW.

During a speech at the University of NSW law faculty on Tuesday, the judge suggested
juries should be dumped from criminal trials as forensic and medical evidence gets more
complicated.

Instead, Justice McClellan suggested one or two assessors could sit alongside a judge,
or a panel of judges could preside over the case as is currently the system at appeal
level.

Mr Smith told Macquarie Radio he was open to discussion on the issue, describing Justice
McClellan as "a very smart and wise and experienced judge".

But he said he would personally support the retention of jury trials for most matters.

"I don't think there's been that many cases where the jury has been found to be wrong,"

Mr Smith said.

"The commonsense of the community shouldn't be underestimated. (And) experts can get
it quite wrong as we have seen.

"A jury of 12 people brings the commonsense of experience and life to it that I don't
think experts and judges do as well."

Judges were to some extent "sheltered", Mr Smith added.

"I have great time for judges who sit and do trials alone, but I don't think it's time
to replace juries."

AAP ih/tr/was

KEYWORD: JURIES

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