Anita Clifford of QEB Hollis Whiteman has provided comment to The Lawyer regarding the jury-trial shake up for fraud cases.
Raising concerns for the proposal to introduce judge-alone trials for complex fraud cases, Anita warns the reform risks weakening public confidence and participation in the criminal justice system.
Anita emphasises that there is little evidence to suggest juries are unable to properly determine complex fraud matters and notes that technically intricate cases often turn on a fundamental question of honesty - an assessment that has traditionally and appropriately been made by members of the public through jury service.
In comparison to overseas systems, Anita, who is also an Australian Qualified Solicitor, outlines that these systems do not align with the proposed shift. In jurisdictions such as Australia, complex fraud trials remain jury-led, with constitutional protections in place at a federal level.
Anita Clifford