flacNews ISSN 0791 4148
LEGAL
Challenge to Jury Bias
FLAC takes case on discrimination against deaf jurors
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LAC has been involved in two challenges to jury discrimination recently, one against the exclusion of deaf persons from juries and the other against the age limit for jury service. Galway mother of two and special needs assistant Joan Clarke, who is profoundly deaf, took a High Court action after she was summoned for jury service and then told she could not sit on a jury because she is deaf. The local court staff in Galway had booked sign language interpreters to enable her to take part in the jury but
VOLUME 18
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NUMBER 2
ADVICE
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APRIL – JUNE 2008
CENTRES
Photo © Jack Storms/www.stormsphoto.com
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Michele Storms, Director of the Gates Public Service Law Program, who spoke at the recent FLAC event on Public Interest Law. See page 8 for details.
the Courts Service head office intervened, pointing out that the Juries Act 1976 specifically states that deaf persons are unfit to serve on juries.
was passed in 1976, with a much higher proportion of the population over 65 or 70 and older people experiencing much better health and fitness.
In the other case, a 73-year old consultant engineer, who often gives expert evidence in court hearings, issued proceedings challenging the age limit of 70 years for jury service – and 65 years for coroners courts. This meant that he could not sit on a jury in the courts where he regularly gives evidence. The age limit also ignores the major changes in the make-up of the population since the Juries Act
FLAC represented both applicants. The age discrimination matter was resolved fairly quickly. Age Action Ireland had also been lobbying on this issue, which many older people feel undermines their self-respect and the contribution they can and do make to society. [continued on page 2]