Supreme Court Chief Justice Arthur Ngiraklsong in an interview said that the preparations for a jury trial format maybe challenging, but the judicial branch is ready.
“We can do it, it can be done, it will be done,” Ngiraklsong told Horizon.
Two courtrooms located in Koror and the Capitol has been renovated to accommodate jury boxes.
Ngiraklsong said that the most pressing concern in preparing for the new law instituting jury trials is the funding constraints.
Ngiraklsong said that it cost the judiciary $47,000 to remodel the two courtrooms to build the jury box.
Although Palau has yet to conduct its first ever jury trial, the law states that each of the six jurors should receive a daily stipend of $25. Ngiraklsong said there is also a need to purchase a van to transport the jurors to the court.
Because of this additional funds will be needed by the judiciary to implement jury trial. He however anticipates that the first jury trial case will not happen until after a year.
Associate Justice Alexandra Foster, who had tried jury trials as a prosecutor in the United States have been delegated by Ngiraklsong to assist in the preparation.
Foster said that the regulation is being prepared and the Palau Bar Association members have been met to discuss the new law.
“We have met the bar members to make sure that we are on the same page on how we plan on proceeding,” Foster said.
The new law implements the constitutional amendment approved from the last general election that gives defendants in criminal cases the right to jury trials if the offenses are punishable by a sentence of 12 years or more.
The jury will be composed of six members and a unanimous verdict shall be required for the defendant to be found guilty.
The offenses covered by the measure are big crimes such as murder, drug offenses, rape and possession of firearms.
These are offenses which can mete a fine of 12 years imprisonment or more.
Qualified jurors are person who is 21 years old or older and has not been convicted of a felony and can read and understand both Palauan and English languages.
The measure added that there are exempted jurors from the jury service; these are the jurors out of the country to attend school; domiciled in another jurisdiction; those who are members of the Armed Forces and those who hold elected office in Palau.
The law stated, the defendant can waive his right to a jury trial.
Ngiraklsong expects that the jury trial proceedings will take longer than a case tried by a judge.
The process he said will be longer, especially for a small island like Palau where almost everyone is connected by lineage.
It is expected that the selection of jurors will take time to ensure that they are free from potential biases.
“I can foresee more time in the juror selection, to make sure that you get the right fair-minded jurors,” Ngiraklsong said.
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