KEY POINTS:
Jurors should have to sit a basic language test before they are chosen to determine the innocence or guilt of an accused person, says a woman who has served in two recent trials.
She said some jurors did not speak at all during one trial, leading her to
believe they did not understand English, and only some jurors participated in deliberations.
And in each case, a juror stated the accused was not guilty before any evidence was heard.
The woman contacted the Herald to speak about her jury experience but asked not to be identified.
She was among the 10 per cent of people called for jury service at the Auckland District Court in recent weeks who showed up.
Ministry of Justice figures show just one in 10 people summoned to the country's busiest district court have bothered to attend and jury service nationwide is declining.
The juror said that during her week in court, two groups of 28 were taken to court rooms for jury selection but a third trial had to wait for the "rejects" from those groups to return.
In the first trial, she said the jury included a woman and a man who did not say a word the entire time. Another juror stated the accused was "not guilty" before any evidence was heard.
"I thought she was joking but the same happened in the second trial," said the woman, who taught English as a second language for 20 years and now works in administration.
She said at the beginning of the second trial, a woman stated the accused was "not guilty" when they retired to select a foreman, before any evidence was called. The woman's attitude created a "threatening" environment in the jury room.
She said four jurors did not read any of the material given to them by the judge or take notes. Just six of the jury were involved in discussing the case while "the others just sat there".
One man did not appear to understand English.
Potential jurors were asked twice before jury selection if they could understand English, but the woman said those who did not understand the question could end up on juries.
The woman and two other jury members approached the judge after the trial. "I was appalled by the lack of participation and the low level of English and intellect," she said.
They discussed their belief some jurors lacked good English and she said the judge acknowledged their concerns. He told them how he had dismissed a juror on a murder trial when it became obvious another juror was translating for him.
The woman suggested a basic language test should be introduced to ensure jurors had a good grasp of English.
She also said changes to the court's "gentleman's hours" - starting at 10am with 15-minute breaks for morning and afternoon tea, and a 75-minute lunch - could speed up the system.
"If they went 8am to 5pm like most people do, you'd get through them a wee bit quicker."
The woman said people assembled for jury service also discussed a "night court", which might attract more employed people for jury service.
A Government bill due for its final reading contains changes to the jury system, including 11-1 verdicts to neutralise rogue jurors, increased fines for jury dodgers and giving people the option to defer service for a year.
A spokesman for the Ministry of Justice said potential jurors were sent a pamphlet with their summons explaining they must have a good understanding of English.
The information is printed in Maori, Cook Islands, Fijian, Niuean, Samoan and Tongan. A pamphlet handed to them at court includes the same languages, plus Tokelauan, traditional Chinese and Korean.
The ministry believed the information was clear "and judges are provided with adequate powers to excuse jurors based on their level of English and comprehension".
