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Jury trials return to COVID restriction confusion
Despite its plans to reintroduce juries under the stipulations that they are vaccinated and are expected to take part in rapid antigen screenings, a recent judgment from the NSW District Court has provided a glimpse into the confusion of welcoming back these jurors during existing COVID-19 restrictions and other health orders.
Naomi Neilson
From this week, jury trials recommenced in District Courts across Greater Sydney, Newcastle, Gosford, Wollongong, Queanbeyan, and Nowra. In addition to being fully vaccinated, jurors will be required to undertake a rapid antigen screening every two days, be served meals in individual servings, and be socially distanced.
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Although some courts, like Sydney’s District Court, have made adjustments to suit jurors – which recently included expanding the size of courtrooms – some may struggle to welcome back in-person appearances to pre-COVID courtrooms. This was the case in one of Sydney’s District Courts for Judge James Bennett.
Justice Bennett was informed the courtroom would not allow for more than 12 jurors, given the 1.5-metre rule. After inquiring about other locations, he was told that it would be similarly impossible in other jury rooms, that non-jury courtrooms were occupied, and the building they used during the pandemic was no longer available.
Having understood the original Public Health (COVID-19 Restrictions on Gathering and Movement) 2021 meant courts may be exempt and unwilling to disband the jury – which would put further strain on backlogs – Justice Bennett said he “went forth … with both my guns blazing, anticipating I could put the executive back in its place”.
“I was soon put to rest in that regard because there is an agreement or arrangement entered between the heads of jurisdictions, including the Chief Justice and the heads of the various divisions of the Supreme Court and of the other NSW courts, including this court, to abide by the restrictions regardless of the exemption,” he added.
“I am administratively … bound by this duty.”
Having analysed the situation – which he said was an “imperfect and incomplete analysis” given the court’s confusion with welcoming back 15 jurors – Justice Bennett said he ultimately decided that the best course would be “a ballot to extract three jurors from the present jury and excuse them from further service”.
