Dennis Ferguson, No Jury

Photo from publik16 - flickr

Today District Court Judge David Robin allowed an application by Ferguson's defence team for a non-jury trial, reported here in the Courier Mail.

This application was always likely to be successful, given the public outcry after Ferguson was identified, living in Carbrook - south of Brisbane. Carbrook residents were involved in some quite medieval behaviour, burning effigies and baying for blood - all given liberal media coverage.


This case has quite a history, all charges being discharged by Justice Botting (who felt that Ferguson had no chance of a fair trial), only to be reinstated on appeal. Now it looks like a trial will go ahead, albeit without the presence of a jury.

Ferguson is not lovable character to say the least, he looks like a pervert and has hit out at reporters who have hounded him in the past. Beat ups on shows like today/tonight have only made things worse. This has not helped him in the trial by public, but a court trial is an entirely different thing.

I am unsure whether Ferguson is likely to receive a fairer trial by sole judge than he would with a jury of his peers. My experience with juries, while limited, is that they do take their role incredibly seriously, and would be unlikely to be swayed by some sensationalist journalism that has surrounded Ferguson's existence. The 12 heads in a jury have a magnitude of experience and knowledge that far exceeds the greatest judge, and it is incredibly rare that decisions by jury are overturned.

Juries are also anonymous, and do not have to worry about political and career repercussions for their decisions. A sole judge that sets Ferguson free, should that happen, would be roundly condemned by trash media and rabid members of the public. I think this is one valid reason why the decision should be taken away from a single member of the judiciary.

I am a strong believer in juries, and when screened properly and appropriately filtered by counsel, they are a vital core of our legal system. I'm quite concerned that the decision today could lead to more, not less, injustice in the Ferguson saga.