ON the heels of recent indications by head of the judiciary Chief Justice Bryan Sykes that high-income earners continue to find creative ways of ducking out of jury duties, a call is being made from the defence bar for the prosecution of such persons and an increase in the existing penalty.

Making the pitch in a letter to the editor on Monday, veteran defence bar attorney Peter Champagnie, King’s Counsel, in denouncing the practice said, “Beyond seeking to increase the daily stipend that a juror gets for jury duty, the prosecutorial arms of the State need to bring to book the recalcitrant ones amongst us who fail to answer the call for jury duty.

“The penalties for failing to attend for jury duty should not be minuscule, as they are now. The penalties must have meaningful punitive effects on the pockets of such individuals who shirk their responsibilities,” Champagnie declared.

Jury trials resumed in April 2022 after being suspended from March 2020 when Jamaica recorded its first case of the novel coronavirus.

Jurors are chosen from all parishes, and the number selected varies depending largely on the case count before the Circuit Court. Jurors are not summoned for specific cases but are called for a particular period and placed in a pool from which they are then empanelled for different cases, after orientation. The Jury Duty Act stipulates who qualifies to serve. Any Jamaican living in the country between the ages of 18 and 69 and who has a Tax Registration Number (TRN) or is registered to vote can be selected for jury duty.

The Court Administration Division (CAD) is responsible for issuing summonses to people for jury duty. Summonses are issued to the police for distribution to selected citizens who are expected to report to the court specified on the date stipulated. Failing to turn up for jury duty when summoned can result in a fine not exceeding $10,000.

According to the attorney, “The unwillingness of some members of our society to serve as jurors when called upon [has] also emerged as [a factor] likely to impede any timely delivery of justice.”

In declaring that it is a “necessity for the public’s contribution to go beyond the often vile comments made on social media platforms when a judge’s ruling does not accord with their own alternative set of facts” the attorney said “it is shamefully preposterous that, invariably, only members of our working class seem interested to serve as jurors”.

“To a large extent, those who can afford to and are members of our articulate minority find every excuse not to carry out this most important civic duty. They, nevertheless, have the most to say about our system justice,” Champagnie noted.

“Unless and until we abandon our emotional and knee-jerk reactions to treating with our crime problem we will continue to endanger the gains made within our justice system. Sustained gains will only be preserved when those of us unaffected have the same passion for justice as those who are directly affected by it,” he said further.

Chief Justice Sykes, speaking at Montego Bay Chamber of Commerce and Industry’s (MBCCI’s) Annual Awards Banquet at Montego Bay Convention Centre at the beginning of this month, said due to the refusal of persons from certain employment categories to take up jury duties, the burden falls disproportionately on the lower-income earners.

“In Montego Bay, in fact western Jamaica, you know one of the most intriguing things? When it comes to jury service you can’t find people from the hotel industry — and there are so many hotels from Trelawny. They can’t find people in the financial sector, they can’t find managers — whether junior or senior — to serve as jurors,” he said.

“The only persons we find — and I’m not saying anything is wrong with them — but they turn up: fishermen, … domestic helpers, practical nurses, and so on,” the chief Jjustice said while adding that those who are reluctant to serve often submit letters from their employers.

“So when the police happen to find someone from middle management, from the hotel, financial sector, and other sectors to serve, you know what happens? A letter comes in to say, ‘Mr John Brown is desirous of serving and he takes his civic responsibility very seriously, however our company is engaged’ — in whatever the critical exercise is — ‘and so he won’t be available,’ ” Sykes said.

He also noted that the period of unavailability often coincides with the entire duration of the Circuit Court.

Justice Sykes told the gathering of business interests that offering to be available for jury is among the “things that we need to do to fix the question of crime, not just in Montego Bay but all over”.

In January this year the country’s chief prosecutor, Paula Llewellyn, King’s Counsel, in responding to sentiments during a Rotary Club of Kingston meeting, said the “pittance” ($2,000 per day) paid to jurors could be the reason individuals have shunned the summons, while noting that public perception about the issue is skewed.

“It should be noted that jury duty is not an opportunity for individuals to earn a living; it is part of their civic duty,” the DPP said while noting that the recommendation for the increase in jury allowances is the purview of the Court Administration Division (CAD).

In March this year director of the Court Administration Division (CAD) Tricia Cameron-Anglin told the Jamaica Observer that an increase is in the making for the stipend paid to jurors.

She noted that the $2,000 per day stipend currently given to jurors is “really low”, noting that at times court workers have had to reach into their pockets to subsidise jurors.

The stipend for jurors has not been increased for almost 10 years.

Last April, reports from the CAD indicated low juror turnout, specifically in the parishes of Kingston and St Andrew, St James, Clarendon, and St Catherine.