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Home / Hawkes Bay Today

Morning Story: Time served but no jury service

By Mark Story
Deputy editor·Hawkes Bay Today·
6 May, 2013 04:21 AM4 mins to read

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I've appeared before a judge just the once.

I was 19. I'd driven my 1973 s not-green Toyota Corolla about the Manawatu region for a year without warrant, without registration.

What can I say?

I was a university student who'd spent the previous year's car maintenance without compunction on endless frothy jugs from the Fitz Hotel.

A stout parking warden snapped me, smiled and slapped a fine under the windscreen-wiper.

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From memory it totalled $550.

Hoping the situation would disappear into the ether, I binned each reminder.

Scores of letters and Fitz happy hours later, the wording became more pointed. Each serve from the civil servants less civil than the last.

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Succumbing to the heat, I strolled into the Palmerston North District Court to talk turkey. Apparently I could elect to appear before a judge and have the fines remitted for community work.

A financial bind swapped for physical toil.

I borrowed a shirt and tie from a friend, stood in the dock and absorbed a well-deserved lecture from his honour.

I lied and said I regretted my decision making. I could never sincerely apologise for the debauched but inviolate hours spent in that mystical student pub. As the judge continued to admonish the skewed priorities of my student lifestyle, I stood thinking it was quite plausible he'd sunk copious jugs of ale during his law degree.

Forty-hours of community work was imposed.

That's a lot of happy hours. Then again, $550 was tantamount to 275 $2 happy hour jugs. A no brainer.

I was escorted to the court cells where for two hours I read obscene graffiti and stared at the facial decorations of a snoring mobster.

Released into the Palmerston North rain I felt like a criminal of some note.

Once bitten, and with my car still legally lame, I hitchhiked late to a lecture. Life was rather romantic back then.

Given it was a fines only matter, I remain without criminal conviction.

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Which brings me to my belaboured point. Why have I never been offered jury service?

My wife, my friends, my colleagues, all have been solicited numerous times to appear. Me, never. For whatever reason, I continue to be snubbed.

I enquired of the Ministry of Justice last week as to what the juror criteria were. I was told the following precluded anyone being a juror:

Anyone with an intellectual disability (as defined in law);

A Member of Parliament;

The Governor-General;

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A judge, community magistrate, or visiting justice;

A member of the Parole Board;

A barrister or solicitor with a current practising certificate;

A Justice of the Peace who hears cases in the District Court; or

Employees of certain Government departments.

Neither does my brief appearance in court stand in the way. Juror ineligibility on criminal grounds hinges on whether someone has:

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Been sentenced to imprisonment for life or for a term of three years or more, or to preventive detention; or

Been sentenced to imprisonment for a term of three months or more in the past five years.

So what of it, ministry? Where's my letter?

Of course, by dint of vocation I shall ask to be excused. But I remain perplexed (particularly as I now drive only warranted vehicles) as to why my character is deemed non-conducive to the interests of justice.

The upshot is I will never be the subject of a John Grisham novel. Unless of course he takes a slightly different angle and pens The Non-Juror, maybe The Vicarious Juror, or The Jilted Juror.

Either way, I remain invite-less and unable to finish the redemptive journey from criminal to one of the 12 disciples.

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Mark Story is deputy editor at Hawke's Bay Today

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