Deaf Jurors
Guest curator Gaye Lyons explains her experience of being excluded from jury duty. She describes some surprising examples of deaf people’s experiences with jury duty throughout Australian history.
Deaf people have had many encounters with jury duty throughout our history, it’s not new. Read some of the newspaper articles that have appeared about their experiences, from different places around Australia.
1846
South Australia
A hearing man pretends to be deaf to get out of jury service, but the judge ‘tests’ him and catches him out.
1884
Melbourne
A man asks to be excused from jury duty because he is deaf in one ear. The judge excuses him because jurors should be able to “hear both sides” (judge trying to be witty?)
1918
Victoria
A “slightly deaf” juror participates in a jury – after the judge reads him his notes from the evidence.
1926
Queensland
Deaf man declares that he participated in a previous jury, explaining that he followed it by reading about the case in the newspapers (jurors are not allowed to do that!).
1931
Brisbane
A man asks to be excused from jury duty because he is deaf in one ear. The judge excuses him because jurors “have to hear both sides here” (another judge who fancies himself a wit!)
1934
Melbourne
Deaf juror sits through trial, but when the jury retires he says he did not hear most of the evidence. Angry judge considers some solutions, but finally discharges the jury and calls a new trial.
1939
Sydney
Deaf juror sits through trial, but when the jury retires he says he did not hear most of the evidence. The judge considers dismissing the juror as “ill”, but finally discharges the jury and calls a new trial.
1947
“Had we had any inkling of this person’s disability he would not have been on the jury,”
Mr. Justice Wolff
1947
Perth
Deaf juror sits through trial, but asks if witnesses can stand closer so he can hear them. The judge discharges the jury and calls a new trial.
1949
“Judge Curlewis excused his from the jury and said in his opinion a man so deaf was not a proper person to drive a motor vehicle. He would send the paper to the Transport Department for them to consider cancelling Hill’s driving licence.”
1949
Sydney
A deaf man who works as a driver for the Transport Department asks to be excused from jury duty. Judge excuses him from jury, and says his driving licence should be cancelled.
1981
Alice Springs
Deaf juror sits through trial, but when the judge finds out he discharges the jury and calls for a new trial.
Read more
Hale, S., Roque, M. S., Spencer, D., & Napier, J. (2017). Deaf citizens as jurors in Australian courts: Participating via professional interpreters. International Journal of Speech, Language and the Law, 24(2), 151-176. https://doi.org/10.1558/ijsll.32896
Napier, J., Spencer, D., Hale, S., Roque, M. S., Shearim, G., & Russell, D. (2019). Changing the international justice landscape: Perspectives on deaf citizenship and jury service. Sign Language Studies, 19(2), 240–266. https://www.jstor.org/stable/26806803
Spencer, D., San Roque, M., Napier, J., & Hale, S. (2017) Justice is blind as long as it isn’t deaf: Excluding deaf people from jury duty – an Australian human rights breach, Australian Journal of Human Rights, 23(3), 332-350, DOI: 10.1080/1323238X.2017.1392479
