NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Jailed juror takes case to High Court

APNZ
12 Jul, 2013 06:48 AM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

James McAllister was allowed to go home yesterday with wife Dr Agata Errera after his QC said he would appeal the case to the High Court. Photo / Brett Phibbs

James McAllister was allowed to go home yesterday with wife Dr Agata Errera after his QC said he would appeal the case to the High Court. Photo / Brett Phibbs

A juror sentenced to 10 days in prison after refusing to take the oath or affirmation has taken his case to the High Court.

Engineering consultant James McAllister was one of 12 jurors to hear a trial at the Auckland District Court on Wednesday but was stood down after refusing to serve.

Judge Nevin Dawson sent McAllister to the cells for the day on Thursday, before sentencing him to 10 days in prison at the end of the court day.

After McAllister's lawyer David Jones QC told Judge Dawson he would be appealing, McAllister was allowed out on bail.

Mr Jones confirmed this afternoon that an appeal had been lodged at the High Court at Auckland and he expected to be notified of a court date next week.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The case has sparked widespread media attention and comment about the jury system.

University of Law professor Warren Brookbanks said the jury system is based on legal traditions that go back hundreds of years.

He said jury trials give everyone a role in the justice system and allow a degree of commonsense to be applied to the law.

Advertisement
Advertise with NZME.

"It has served the interests of justice very well. It is probably not perfect, but no system is.''

Commenting on the case of McAllister, Prof Brookbanks said it was a "tough call'' but jurors are an important part of the process.

"If people don't perform their duties then that can have an impact on the rights of others.''

He said the contempt laws were rarely used, and the sentence handed down was comparable to a very minor offence like drunkenness or disorderly behaviour.

Such short prison sentences are rarely handed down unless the court decides to send a message, he said.

"In this case the court has sent a message that jury service is a serious obligation which you cannot play fast and lose with. It sends the message that jury service is something important which cannot be trifled with.''

Courts Minister Chester Borrows said changes made three years ago have led to a 40 percent drop in no-shows, and have seen more flexibility given to those summonsed for jury service.

He said people are now able to defer their summons, and that has meant 110,000 fewer people per year - or 34 percent - are being called to court as potential jurors. But with the deferrals has come a tightening in accepting excuses.

"We are being pretty flexible, and of those that fail to appear - they're not being fined.''

Only one person has been fined for not answering their jury summons, and that was back in 2007.

Advertisement
Advertise with NZME.

"We want to be as engaging as we can, we want them to be engaged.''

He said those most effected were self-employed people because their income stops when they stop working.

"I think the courts have been understanding of that.''

Law Commission head Judge Peter Boshier said he will be keeping a close eye on the outcome of the appeal, as his office is currently reviewing the contempt of court rules.

Judge Boshier said the purpose of the law of contempt is to protect the integrity of the justice system and a defendant's right to a fair trial.

"The right to trial by jury for serious offences is a cornerstone of the criminal justice system in New Zealand and something citizens have an interest in protecting. It requires citizens to be available to serve and to carry out their duties in accordance with the law.''

Advertisement
Advertise with NZME.

Judge Boshier said the Commission would be looking at whether the body of contempt law, which is largely judge-made, is still justifiable in principle, coherent and accessible to the public, and enforceable.

Save

    Share this article

Latest from New Zealand

New Zealand

37 players split Lotto Second Division win – where the tickets were sold

22 Jun 05:06 AM
New Zealand

'Reflection of whakapapa': Māori baby names reveal cultural trends

22 Jun 04:51 AM
World

Kiwi man charged after cocaine blocks found in suitcase at Sydney Airport

22 Jun 04:16 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

37 players split Lotto Second Division win – where the tickets were sold

37 players split Lotto Second Division win – where the tickets were sold

22 Jun 05:06 AM

The locations have been revealed.

'Reflection of whakapapa': Māori baby names reveal cultural trends

'Reflection of whakapapa': Māori baby names reveal cultural trends

22 Jun 04:51 AM
Kiwi man charged after cocaine blocks found in suitcase at Sydney Airport

Kiwi man charged after cocaine blocks found in suitcase at Sydney Airport

22 Jun 04:16 AM
Body found in search for missing Christchurch woman

Body found in search for missing Christchurch woman

22 Jun 03:23 AM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP