THE JURY SELECTION for the trial of Senior Superintendent Reneto Adams and the other five policemen charged with the murder of four civilians at Kraal, Clarendon on May 7, 2003, lasted almost three hours on Monday.
There were more than 200 jurors summoned for the trial and the accused men and their lawyers challenged 42 of the jurors who were called.
A female student who was attending court for the first time said she had no idea that accused persons were allowed to select the 12-member jury. She wondered what the reason was for the accused to have challenged so many of the jurors.
NO REASON NEEDED
The Jury Act makes provision for a person who is charged with murder to challenge seven jurors without giving any reason.
Twelve jurors are required to try the case of a person charged with murder or treason. Persons facing trial in the Circuit Courts for other offences except murder and treason are required by law to have seven jurors try their case. In such cases, an accused person is entitled to challenge five jurors.
An accused who has exhausted his challenges and wants to make any further challenge will have to give very valid reasons for so doing before permission will be granted by the court.
PROSECUTOR'S RIGHT
The prosecutor is also entitled to challenge the same number of jurors as an accused person.
In the case of the six policemen , the prosecutors were entitled to challenge 42 jurors while the accused were entitled to seven challenges each making a total of 42 challenges. However, it is not compulsory for the accused and the prosecutor to exhaust the challenges to which they are entitled.
Section 33 (1) of the Jury Act states that "every person arraigned for murder or treason shall be allowed to challenge seven and no more of the jurors by way of peremptory challenge and without being subject to assign any cause therefor.
Section 33 (2) states that "Every person arraigned before the Circuit Court for any offence other than murder or treason shall be allowed to challenge five and no more of the jurors by way of peremptory challenge and without being subject to assign any cause therefor.
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