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rufusdawes · 3 years

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Please Excuse Me

I had my day in court earlier this week. After being on the electoral role for several years, I finally had my summons to sit on a jury. In a town of only low five figured eligible jurors, it had seemed a long time coming. I have friends that have been called up within weeks of arriving and amending their voting registration but every time I checked the mail box, it was more often that not another sodding letter for pervious occupants. I have sent well over a hundred return to sender, not at this address messages scrawled across envelopes back to the post office. It's reached the point that I keep thinking to google whether I can legally just start binning their mail. Maybe, I'll do that once I've finished writing this. Anyway, one day in early August a letter from the Sheriff's Office arrived addressed to me, and not one of the half dozen muppets who are too lazy to tell the banks they've moved, informing me of my requirement to attend the Supreme Court 'on the 27th day of September 2021, at 8:45 oclock in the forenoon'. 'In the forenoon', how quaint, how exciting!

A formal letter with my name across the top and one not requiring me to get out the credit card, and a pink slip to be returned to the Sheriff saying yes or no. We have a Sheriff? Do they have a badge the shape of a star, spurred boots perhaps? Is their horse tied up to the outside of the Court, or maybe Bojangles the Saloon Bar on Todd Street? Either way, I don't think it's someone I want to mess with. If I say no, will I be called upon to take time out of my day for a duel in the Mall at noon? I don't want a midday stand-off, that's when I take my lunch. Ah no, punishable by a fine it seems, not a duel. Even so, I responded in the affirmative; yes, I am indeed available on the 27th and understand that I may be called to serve on a jury of a Supreme Court case running then or anytime up to four to six weeks later. No worries at all Boss.

I pinned the summons to the fridge so I wouldn't forget and popped the date into my work calendar so I could arrange bush trips around it. I informed my manager. I went to work and carried on working away a lot. This intensified after I applied for and accepted a role with another agency which meant suddenly I had to get sh!t done before my last day of the 8th October. I was away on one trip until the 24th September, a Friday and the last working day before my summons.

The four to six week period was now covering my final two weeks of my current employ, and then the beginning of a new role 3000 kilometres away from all my future colleagues who work out of Perth. I couldn't afford to do my civic duty. The next two weeks critical to ensuring that the three ranger groups I work with have ongoing work plans and that I have written handover documents despite not being directly replaced. Instead, each group will soon be getting dedicated Ranger Co-ordinators but not until weeks or even months after I've left. My next two weeks were promising to be busy especially having been out bush working with these groups the previous weeks. I needed to be excused.

Over a coffee with a friend the day before, it was mentioned to me that you can indeed get out of it if you successfully plead your case. Well then, tomorrow morning that is what I shall do. I walked up to the Supreme Court at 8:30 in the forenoon, a full fifteen minutes before expected so as to appear polite. The security officer at the door asked if I was there due to a jury summons. 'Why yes kind Sir, please may I enter' were the words hidden behind my nodding. "Did you call the number on the letter? You're due here Wednesday now." What number, what letter? Turns out on the formal letter, long since buried under a pile of other people's mail include the instructions to call an 1800 number before turning up on Monday which informed us potential jurors that we're not required until Wednesday.

This is disappointing since I was still hoping to get to Finke for work before my notice period was up. On the other hand, our HR department is on the top floor of this building, so I might be able to get them to write me a letter supporting my service deferral. They could, and since I now knew a little more, I was also able to write a Statutory Declaration and be far better armed for Wednesday morning.

When that day arrived, I had both documents and could not wait to hand them over to the mystery Sheriff. Having passed through security, I was instructed to take the stairs up to the next floor. There a lady behind a desk asked for the pink slip with my jury ID number on it. I handed it over and asked who I should show my requests for deferral to. "You'll need to ask the Judge for permission so best keep hold of them and head in."

In meant in to the public gallery to take one of the hundred or more seats that face the raised rostrum of the Judge's seat, under the seal of the Commonwealth of Australia. To the left, a witness box and an area where the defendant sits. To the right, the jury seats and in front, the defence and prosecution desks. Slowly, the other seats fill. Sometime after 9am, and with several dozen potential jurors seated we are informed of our instructions. We are led through the mechanics of a courtroom and what to expect, how jurors will be selected by drawing our numbers out of a tombola. How, should we be selected for this case, we can expect to serve for a couple of days. If not, that we should return for the next case to find out whether our number is up. And again after for four to six weeks. Unless we plead a case not to serve to the Judge from the witness box. Then we all stand up as the Judge enters the room.

Once he's seated, we sit and the morning begins in earnest. First the two charges against the defendant are read out, the not guilty plea to both is heard, the names of the witnesses who will take the stand as well as some other instructions are given before the Judge calls on those who think they have just cause not to participate. I line up.

I'm fifth in a line of eight. The first is excused from this case on account of being a good friend of the defendant. The next three excused from either the case or the full four to six weeks depending on their circumstances. My turn.

"Do you want the religious pledge or the promise" I'm asked by one of the Court attendants.

"The promise" I reply.

She then recites a few lines, something about the Queen and telling the truth and asks me to assert 'I promise' at the end, which I do before taking my seat in the witness box. This is somewhat unnerving. To my right is the defendant who has been sitting through thirty odd minutes of pre-trial jargon still innocent of their crimes until proven otherwise. Here I am, asking Sir if I can be excused from my civic duty because I'm a little bit busy at work.

The Judge asks my name and I lean forward towards the microphone.

"It's Hodgetts". Am I supposed to say Sir? Maybe it's Your Honour. Instead, I go with neither.

"Mr Hodgetts do you wish to excuse yourself from this case or your full civic duty?"

"Um yeah all of it I uh got a new job and um since I got my summons and said yes er things have changed and um I have a letter and er I wrote a Stat Dec so um I'd like to..."

"Show me the letters"

One of the Court officials takes them from me and hands them to the Judge. He scans them both before handing them back.

Fortunately, my mumbling and supporting documents as well as the benevolence of the Judge saw my deferral successful and I will be returning most likely early next year to have my number in a tombola for the selection lottery to be whittled down to twelve. I may be called to be one of them, I may not but until then I'm free to finish my job without risking being tied up in a Courtroom for days or weeks depending on the next case. This particular day in Court, a successful one. I do wonder though whether the same could be said for the defendant.

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