Wheels of justice turn slowly: a case for the ages

Hey there, time traveller!
This article was published 16/09/2014 (4155 days ago), so information in it may no longer be current.

You have the right to be tried by a jury of your peers, but what if the juror is 97 going on 98?

That’s what may happen to someone charged with a major crime in the next few weeks if 97-years-young Sophie Nemis is picked for a Manitoba Court of Queen’s Bench jury during the upcoming fall sittings of trials.

“I thought it was a joke — I couldn’t believe it,” Nemis said Monday about the documents from Manitoba Justice she had just received.

“At my age? About 20 years ago it would have been good. My mind was quite a bit clearer then.”

Nemis, who turns 98 on Dec. 3, was married for 48 years, raised six children and now lives in a seniors’ residence. She said she still would welcome sitting on a jury.

“I would like to,” she said.

“I’m so used to watching TV and seeing them. I liked Perry Mason. I’d probably hear some terrible things what the lawyers and the judge might say.

“I thought it was a joke, but I’m serious about going.”

The documents show Nemis is expected to show up at the downtown Law Courts on Oct. 30 at 9 a.m. for jury selection.

Quick scans of the documents Nemis received and of the Court of Queen’s Bench-Manitoba Courts website — don’t appear to show any reason why Nemis can’t sit on a jury.

Nemis meets the main requirements of being over the age of 18 and a Manitoba resident.

While there are certain people under The Jury Act who can’t sit on a jury — including federal and provincial politicians, lawyers, probation officers, and criminals convicted of an indictable or serious offence — Nemis isn’t one of them.

The only possibility for dropping her is that under the act people “who are afflicted with a mental or physical infirmity incompatible with the discharge of the duties of a juror” aren’t allowed. The act gives no details on what that means.

Nemis’ son, Dan, said it might be difficult for his mother to serve as a juror because his mother uses a wheelchair and has hearing aids but still needs people to speak clearly and slowly, and requires frequent trips to the washroom.

“I can’t believe they sent this to her,” he said.

A provincial spokesman said justice officials use health records to get the names of those they send jury notices.

‘I thought it was a joke — I couldn’t believe it’

The spokesman said Manitoba Health provides about 30,000 random names a year, offering only first and last names and addresses of people older than 18.

“Oh, come on,” was the initial response from veteran defence counsel Saul Simmonds on hearing that Nemis had been summoned to sit in the jury pool.

But Simmonds said seniors do have a lot to bring to juries.

“They’re always interested and love being involved in the human drama of the justice system and being able to do their part for society.

“But it is also an arduous task. There can be long and tiring days. And they have to be able to see and hear everything.”

As for Nemis, she was able to read the documents sent to her by putting on her glasses.

“Oh, it says I have to contact them within seven days of receipt of this. I will have to call them.”

kevin.rollason@freepress.mb.ca

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