ComradeAsh
2008-07-29, 12:07
http://www.theage.com.au/national/barrister-wanted-no-greek-jurors-in-rape-trial-20080728-3md9.html?page=-1
Barrister wanted 'no Greek jurors' in rape trial
Steve Butcher
July 29, 2008
A BARRISTER has tried to exclude Greeks from being jurors in a Victorian rape trial because of a "common misunderstanding" they like anal sex.
John Desmond, a defence barrister for 23 years, initially told a County Court judge his submission was in fairness to the alleged victim, a Greek woman.
He told Judge Roy Punshon there was a misunderstanding in the community that "Greeks like anal sex" and that the woman might be seen as compliant and "in fact wanting it".
"That would be doing her a disservice, it wouldn't be fair to either party," Mr Desmond said earlier this month.
When Judge Punshon refused the application — saying he would not have a jury empanelled that excluded Greek people — Mr Desmond then made the application on behalf of his client "in fairness" to him.
Asked by Judge Punshon what the issue was with his client, Mr Desmond replied: " I don't want a Greek juror empathising with a Greek complainant (the woman), your honour."
Judge Punshon responded: "I'm not going to have a jury selected on the basis of race, nationality."
The discussion took place on July 8 as Mr Desmond's client and two other men represented by other barristers prepared to plead not guilty to a number of charges.
The trial ended last week when Mr Desmond's client was acquitted and the other men were found guilty.
In a transcript of the exchanges obtained by The Age, Mr Desmond began his submission by telling Judge Punshon it would be appropriate that there be a "general exemption for a category of potential juror to be inquired of in the case here".
Asked by Judge Punshon what was the issue of fairness to the complainant, Mr Desmond replied: "Greeks.
"See, the allegation here, this is a Greek complainant and her nationality will be established on the evidence, your honour, it's part of the narrative and there are allegations here of anal penetration and there's a common misunderstanding in the community that Greeks like anal sex and she might readily then be seen to be compliant and in fact wanting it.
"That would be doing her a disservice, it wouldn't be fair to either party."
Asked by Judge Punshon what he meant by not being fair to either party, Mr Desmond said: "Well, there's a misconception in the community that Greeks readily engage in anal sex."
Judge Punshon: "Is there?"
Mr Desmond: "They (the jurors) should determine this case upon the evidence, not on the misconceptions."
Judge Punshon: "I will tell them that."
Mr Desmond: "We should avoid the risk, your honour."
Judge Punshon: "Pardon?"
Mr Desmond: "We should avoid the risk."
Judge Punshon: "Well, I'm not going to have a jury empanelled where no Greek people can sit on the jury."
Mr Desmond: "Well, it may be there's only two or three on the panel, your honour, I can't …"
Judge Punshon: "There will be, but I'm not going to exclude someone simply because they are Greek."
The Age is unaware of what the final composition of the jury was.
Barrister wanted 'no Greek jurors' in rape trial
Steve Butcher
July 29, 2008
A BARRISTER has tried to exclude Greeks from being jurors in a Victorian rape trial because of a "common misunderstanding" they like anal sex.
John Desmond, a defence barrister for 23 years, initially told a County Court judge his submission was in fairness to the alleged victim, a Greek woman.
He told Judge Roy Punshon there was a misunderstanding in the community that "Greeks like anal sex" and that the woman might be seen as compliant and "in fact wanting it".
"That would be doing her a disservice, it wouldn't be fair to either party," Mr Desmond said earlier this month.
When Judge Punshon refused the application — saying he would not have a jury empanelled that excluded Greek people — Mr Desmond then made the application on behalf of his client "in fairness" to him.
Asked by Judge Punshon what the issue was with his client, Mr Desmond replied: " I don't want a Greek juror empathising with a Greek complainant (the woman), your honour."
Judge Punshon responded: "I'm not going to have a jury selected on the basis of race, nationality."
The discussion took place on July 8 as Mr Desmond's client and two other men represented by other barristers prepared to plead not guilty to a number of charges.
The trial ended last week when Mr Desmond's client was acquitted and the other men were found guilty.
In a transcript of the exchanges obtained by The Age, Mr Desmond began his submission by telling Judge Punshon it would be appropriate that there be a "general exemption for a category of potential juror to be inquired of in the case here".
Asked by Judge Punshon what was the issue of fairness to the complainant, Mr Desmond replied: "Greeks.
"See, the allegation here, this is a Greek complainant and her nationality will be established on the evidence, your honour, it's part of the narrative and there are allegations here of anal penetration and there's a common misunderstanding in the community that Greeks like anal sex and she might readily then be seen to be compliant and in fact wanting it.
"That would be doing her a disservice, it wouldn't be fair to either party."
Asked by Judge Punshon what he meant by not being fair to either party, Mr Desmond said: "Well, there's a misconception in the community that Greeks readily engage in anal sex."
Judge Punshon: "Is there?"
Mr Desmond: "They (the jurors) should determine this case upon the evidence, not on the misconceptions."
Judge Punshon: "I will tell them that."
Mr Desmond: "We should avoid the risk, your honour."
Judge Punshon: "Pardon?"
Mr Desmond: "We should avoid the risk."
Judge Punshon: "Well, I'm not going to have a jury empanelled where no Greek people can sit on the jury."
Mr Desmond: "Well, it may be there's only two or three on the panel, your honour, I can't …"
Judge Punshon: "There will be, but I'm not going to exclude someone simply because they are Greek."
The Age is unaware of what the final composition of the jury was.