The 65-day trial of entertainer Vybz Kartel and the four other men accused

of killing Clive Lizard Williams finally came to an end yesterday with

a guilty verdict. The 11-member jury returned a 10:1 decision after less
than two hours of deliberation, but were sent back to consider the case due
to Section 44 of the Jury Act that, which states:
the unanimous verdict of the jury shall be necessary for the
conviction or acquittal of any person for such murder or treason.
(1A) On trials on indictment for murder not falling within
subsection (1)(a), after the lapse of two hours from the retirement
of the jury a verdict of a majority of not less than nine to three, of
conviction or acquittal of any person for such murder, may be
received by the Court as the verdict of the jury.
The jury in this particular trial has been a source of interest as the case was
delayed several times on account of jurors reporting illnesses or
emergencies and one reportedly visiting the offices of one of the
defense attorneys. Yesterday, after the verdict was delivered, one juror
was taken into custody for allegedly attempting to bribe the foreman to
deliver a not guilty verdict. Therefore, this Fact Friday, were taking the
opportunity to educate our readers about jury duty in Jamaica.
According to the Ministry of Justice, persons accused of certain criminal
acts are judged by a jury of their peers, a practice inherited from the British
jurisprudence. A jury is a group of people drawn from civil society and who
brings their common sense, experience and wisdom to the matter of
determining the guilt or innocence of a fellow citizen. This is done because
of the belief that these jurors understand the nuances and idiosyncrasies of
their society and bring their collective experiences to bear on a trial, while
individual prejudices are likely to be neutralised. Jury trial ensures that the
people are accountable to each other rather than to a governmentappointed judge for decisions made.
1. What is a jury? A jury consists of 12 ordinary citizens
who are able to apply their common sense to the matter
of determining the guilt or innocence of someone accused
of an offence. The basis for a 12-person jury is that it is a
representative cross-section of the local community and

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therefore are more likely to judge in line with generally

accepted values of the society.
Who can be a juror? Anyone who: is between ages 18
and 70; is on the current voters list; has a Taxpayer
Registration Number (TRN); is a resident of Jamaica; can
read and write English; has not been convicted of an
offence for which s/he has been sentenced to
imprisonment for more than six months.
Who is disqualified or exempt from jury
duty? Anyone who is suffering from an illness;
anyone disqualified or exempt under provisions of the Jury
Act (see qualifications above); if serving causes undue
hardship or financial loss due to attending court. The Act
also exempts certain persons from acting as jurors
because of their involvement in public life, such as
politicians, some public officials and diplomats; by virtue
of their participation in the justice system, such as judges
and lawyers; or because they render essential services,
such as medical doctors, nurses, soldiers, teachers and
pilots.
Penalty for non-attendance. A person who has been
duly summoned for jury duty and who does not appear, or
who appears but refuses to serve, or who withdraws from
jury duty without the permission of the court, or without
good cause, may be fined $2,000.
Did you know? Your employer is duty bound to give you
time off to serve as a juror.

Important facts to know in case you are called to serve as a juror:

Nobody should approach a juror out of court to discuss the
case. If anyone attempts to do this, the juror should
inform the judge or someone in authority.
Nobody should in any way seek to influence a juror as
to what verdict s/he should arrive at. No relative or friend
of the person being tried should approach a juror to say
anything.

 Nobody has a right to ask a juror what was said in the jury
room by anyone when the verdict has already
been considered.
The State has an obligation to protect every person who
serves as a juror. Any person who threatens or
intimidates a juror in any way could be prosecuted and go
to prison. Jurors are also protected from threats or
violence after the case.
For more information, read the Jury Act and the Jury (Amendment) Act
2009 and 2010. For a timeline of the entire Kartel trial, click here or
read all related stories here.