Jurors to be empanelled briefly for a case, then discharged permanently – Court of Appeal Justice
Questioning how this practice became the norm, she recalled a contrasting approach in the past and argued that the current trend undermines the essence of jury trials.
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A Justice of the Court of Appeal, Justice Afia Serwaa Asare Botwe, has expressed concern over the current system of prolonged jury duty.
Questioning how this practice became the norm, she recalled a contrasting approach in the past and argued that the current trend undermines the essence of jury trials.
"This practice of jurors serving beyond a single legal year—I don’t know how it started. The whole idea of having a juror serve for 10 to 15 years actually defeats the purpose of a jury trial. Anyone who sits on cases for that long would essentially qualify as a lawyer. They are no longer the impartial, clean-slate individuals we need," she stated.
Speaking on the LAW program, Her Ladyship emphasized that a new system, set to begin in the Central Region, will see jurors empaneled for only a short duration to serve on a single case before being discharged permanently, preventing them from being empaneled again.
"Now, jurors will not be retained for extended periods. They will be empaneled for a specific case within a set duration, serve throughout the trial, and then be discharged," she explained.
Caution to Judges, Lawyers, and Police Officers
Justice Asare Botwe further warned that with this new jury system on the horizon, officers of the court must avoid any form of negligence, as anyone found lacking will face the appropriate sanctions.
"We must inform judges and lawyers that with the private sector now involved, we can no longer afford to be complacent or waste time. Trials must proceed day to day, all day, until the case is concluded. Only then can jurors be discharged, allowing us to move on," she emphasized.
She added that moving forward, any police officer who fails to present an accused person or witness for testimony will be reported to the appropriate authorities.
"The same applies to lawyers. We will hold them accountable under Regulation 98 of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423). Any lawyer who is required to be in court but fails to appear will face legal consequences. Judges will also not be exempt from accountability," she warned.
