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Plan for mandatory juries in murder trials

28 Nov, 2009 09:55 AM
Juries may be reinstated for all murder trials in the ACT as the Government responds to a ''public perception'' that ordinary people should be at the heart of the justice process.

Attorney-General Simon Corbell told a Legislative Assembly committee this week that he wanted to see juries determine innocence or guilt in trials for murder and other serious acts of violence in the territory.

There were two controversial high-profile acquittals last year in judge-only trials: Glen Porritt, who stabbed his mother 57 times, and Maurizio Rau, who stabbed a man outside his Civic nightclub, Cube.

The minister told the Justice and Community Safety Committee that his department had been exploring ''policy options'' to put juries back at the heart of the justice process for alleged serious offenders.

A 1993 amendment to the ACT's Supreme Court Act allows defendants to choose to be tried by judge alone. In other jurisdictions defence and prosecution must consent if the case is to go to trial by judge alone.

The ACT amendment was originally meant to be used in exceptional cases where legal technicalities or complex evidence would put the jury system at a disadvantage, but Mr Corbell said last year he believed that the loophole was being exploited by wily defence lawyers.

He said in the committee's hearing on Wednesday that he believed too many serious matters, such as murder, attempted murder, manslaughter, sexual assaults and other serious crimes of violence were being heard by judge alone.

''There is a tendency for these sorts of matter to be heard by judge alone,'' Mr Corbell said.

''I remain of the view that there are good arguments for providing some limitations around the matters that can be heard by judge alone.

For more, pick up a copy of today's Canberra Times

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Process: ACT Attorney-General Simon Corbell says the move is a response to public perception.
Process: ACT Attorney-General Simon Corbell says the move is a response to public perception.

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