After a two-year break because of the novel coronavirus pandemic, jury trials will resume for the Easter Term of the home and rural circuits, which begins on Wednesday.

Director of client services, communications, and information at Court Administration Division (CAD) Kadiesh Fletcher announced the long-anticipated resumption of jury trials in a letter to the Jamaica Observer.

Jury trials were suspended in March 2020 when Jamaica recorded its first case of COVID-19.

Since then, the courts have made efforts to get jury trials back on track, even sending out notices to jurors, but had to retract given unforeseen spikes in COVID-19 cases. In the interim, judge alone trials have gained popularity with Chief Justice Bryan Sykes leading the push for this to become the norm.

“The issue for me is an efficient justice system. All our processes should be reviewed, and trial by jury, as important as it is, must be one of them,” argued Sykes to the annoyance of some prominent attorneys who are adamant that trial by jury should remain a feature of Jamaica’s justice system.

Fletcher noted that a discussion has been ongoing as to the effectiveness of jury trials, but argued that, while the debate goes on, the judiciary must get on with the business of the court.

“The jury system remains a part of our justice system, and on the evidence of the last two years it is the preferred mode of trial by most accused persons,” said Fletcher.

“While that is the case, in terms of preference, Jamaicans must recognise that, if the jury system is to be effective, it requires the participation of the ordinary Jamaican who makes up the jury pool. It should not be that we want the jury system to remain but some citizens are reluctant to serve as jurors,” added Fletcher.

She pointed out that the jury system, which is inherited from British jurisprudence, requires the guilt of an accused person to be determined by a group of people drawn from society.

“The presumption is that jurors understand the nuances and idiosyncrasies of their society and bring to bear on a trial their collective experiences,” said Fletcher.

She underscored that Jamaicans between the ages of 18 and 70, who are registered voters or have a Tax Registration Number (TRN) are reminded that they are eligible for selection to serve as a juror.

“Once employees are summoned for jury duty, they must inform their employers. Informing an employer does not mean the selected juror is seeking permission to serve. Rather, this is done to maintain [a] good working relationship and to account for the time the employee will be away from work. It also allows employers to plan to ensure minimal impact on their businesses.

“If employers do not grant time off or if punitive actions are taken against an employee for serving as juror, it must be reported to the court,” Fletcher pointed out.

After an individual is summoned and selected for jury duty, he or she must attend court for the duration of the trial. Failure to show up for jury duty can result in a fine of up to $10,000 if the court was not given prior notice or a reasonable explanation for the absence.

People can be exempted from jury service only on the ground of illness or for any other good reason determined by the chief justice or presiding judge in the parish to which the application is made.

Jurors must not share information about the case with anybody except their fellow jurors who are hearing the same matter, and they should report any threat or act of intimidation to the presiding judge.

Jurors also receive a stipend of $2,000 for each day they serve as a juror (for each day they are empanelled). If a person is not selected to hear a case, the stipend is not paid pursuant to the Jury Act.

Jurors will receive their payment electronically via direct deposit as the judiciary seeks to ensure that payments are done within a timely manner. Jurors should submit the documents outlined by the court in order to facilitate and expedite payments. The documents, including banking information, are to be submitted by the end of the trial.

Fletcher reminded Jamaicans summoned to jury duty that it is their civic duty to serve the justice system and to help others secure justice.