Norfolk jury selection a trial itself

Published: 7:15AM Monday February 05, 2007 Source: AAP

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As the Norfolk Island Supreme Court opened on Monday morning for the island's first murder trial in 150 years, one man was waiting outside on rather urgent business.
  
Called as a possible juror in the trial of New Zealand chef Glenn McNeill, he was there to tell the judge his wife had just gone into labour.
  
She, too, was on the short list for jury service - could they both be excused?
  
As it turned out, they were the first of dozens of islanders to be discharged from duty as jury selection began on Australia's tiny Pacific territory.
  
Eighty-nine potential jurors presented at court, where McNeill stands accused of the 2002 murder of Sydney woman Janelle Patton.
  
All but 17 asked to be excused.
  
The courtroom can only accommodate a dozen observers, which included McNeill's family, so the entire jury pool gathered in a marquee on the courthouse lawn.
  
They looked on via videolink as McNeill was arraigned, pleading not guilty.
  
The Chief Justice of Norfolk Island, Mark Weinberg, addressed the group ahead of selection.
  
"You will have heard a great deal about (the) case both because you live on this island and because of the intense media publicity which has been given to it," he said.
  
"You would have had to be living on another planet not to have heard anything at all about this case before."
  
But he emphasised that jurors would have to judge the case impartially, based solely on the evidence presented in court, and not on information garnered from any other source.
  
"It is essential that every member of the jury be completely open-minded about the case that they will hear and not favour one side or the other," Chief Justice Weinberg said.
  
The judge also urged people not to be embarrassed about applying to be excused from jury service.
  
Few were.
  
As the jury list was called, 72 people indicated they wished to be excused - some doing so before the judge's associate could  finish reading out their names - and 56 were ultimately successful.
  
Most put their reasons to the judge in open court, with at least a dozen saying they knew either the victim or the accused.
  
One man said he knew them both.
  
Others knew one or more of the 80-odd people who may appear as witnesses or be mentioned in evidence, while some said they could not leave their businesses for five weeks, the expected length of the trial.
  
In several cases the revelation that a potential juror had strong views about the case - and did not believe they could approach the evidence with an open mind - was enough to ensure their dismissal.
  
One elderly gentleman seeking exemption had to be asked his name twice before responding.
  
"I've got a hearing problem," he said, triggering a burst of laughter from observers.
  
"I think you've proved that," said the judge, sending him on his way.
  
After a process lasting more than five hours - in which the defence challenged eight possible jurors and the crown five - a jury of five women and seven men was sworn in.
  
Legal argument will continue in closed court on Tuesday, with the jury set to hear opening addresses on Wednesday.

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