A DEAF mother of two has brought a landmark legal action against the Courts Service and the State challenging her exclusion from jury service on grounds of her deafness.
Joan Clarke says she should not be deemed ineligible for jury service merely because she is deaf, and that any such exclusion is discriminatory and in breach of various provisions of the Constitution and the European Convention on Human Rights Act 2003.
She wants to perform “this important civic duty” on the same basis as everyone else and was frustrated at not being allowed to when she was summoned for jury service before Galway Circuit Court in April 2006 but was subsequently excused from serving, apparently on grounds of her deafness, Ms Clarke said.
She is entitled to be facilitated to serve on a jury by means of a sign language interpreter, she contends. Gerard Hogan SC, for Ms Clarke, argued the fact she is deaf should not mean she is automatically excluded from jury service and there was no justification for such a blanket exclusion.
The real issue, under the Juries Act 1976, is whether she is “incapable” of serving and that issue should be decided judicially in open court and not decided administratively, he said.
Ms Clarke, identified as a homemaker, of Hassling, Athenry Road, Loughrea, Co Galway, and her husband were in court yesterday for the opening of her action before Mr Justice Daniel O’Keeffe.
The proceedings were signed for Ms Clarke and other deaf persons in court by two sign language interpreters.
The case has been brought against the Galway County Registrar, the Courts Service, Ireland and the Attorney General, with the Human Rights Commission as a notice party.
Ms Clarke is represented by the Free Legal Advice Centres.
In opposing the action, the State denies the claims of unconstitutionality or breaches of the ECHR Act 2003. It says that, under the Juries Act, Ms Clarke is ineligible for jury service due to the “permanent infirmity of deafness” and denies that Ms Clarke is entitled to have appropriate arrangements made to accommodate her deafness and enable her serve as a juror.
Among other arguments, the State contends the presence of a sign language interpreter in a jury room would breach the “absolute confidentiality” of jury discussions.
In an affidavit on behalf of Ms Clarke, Evelyn Conroy, chairwoman of the Irish Association of Sign Language Interpreters, said all practising interpreters must be members of that body, which has a code of practice and of ethics.
