Nearly half of all Canberrans called up for jury duty are finding ways to get out of their civic obligations, prompting fears juries are becoming increasingly divided along class lines.
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Figures obtained from the ACT Government show more than 40 per cent of those called up are successfully applying to get out of jury duty. One of the capital’s leading barristers, Steven Whybrow, said professionals were the most likely group to avoid sitting on juries, prompting calls for fewer exceptions and higher pay for jurors.
For the period from May 2012 to April 2013, 4128 adults were called for jury duty. Of those 1654 were excused. Just 18 applications for exclusion were unsuccessful. Those who serve jury duty were paid between $97.50 to $132.50 per day.
Attorney-general Simon Corbell said he did not have any concerns about jury representation but Mr Whybrow, from Blackburn Chambers, said juries were now rarely made up of high-income earners.
‘‘It’s becoming less and less representative – it’s becoming a selection of middle-class or below, non-professional persons who can’t say they are so important they can get out of jury duty,’’ Mr Whybrow said.
‘‘You are meant to be judged by a representative sample of your community ... the people who get out of jury duty are professionals, doctors, senior public servants, senior managers.
‘‘When you look at the exemptions they are all people that should be able, more than most, to put aside preconceived prejudice. You’re taking away a whole slab of the community.’’
Mr Corbell said the 40 per cent figure included both excused and exempted people.
Police officers, corrections officers, minister of religion and over-60s are exempt from jury service. While people can also apply to be excused from jury duty for illness, pregnancy and travelling overseas (Canberrans convicted of a criminal offence with a punishment of one year or more in prison do not qualified to serve as a juror).