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Galway woman takes historic jury case | Galway woman takes historic jury case |
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| Written by Deirdre O' Shaughnessy | |
| Wednesday, 21 May 2008 | |
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A woman from Loughrea will next week become the second Galwegian to take a case against the Courts Service for discrimination in selecting jurors. Joan Clarke, a mother of two from Loughrea, was 'excused' from jury service because she is deaf and would require an interpreter. However, Mrs Clarke's solicitor, Michael Farrell of the Free Legal Advice Centres, said she wanted to serve. Mrs Clarke felt that her exclusion, which the Courts Service said was necessary under the Juries Acts, was "depriving her of her rights as a deaf person" and demeaning to her, according to Mr Farrell. "The Courts Service were helpful, but their response to us said she was not allowed to serve under the Juries Act," explained Mr Farrell, adding that the Government has been joined as a defendant to the action. "We think the wording of the act would allow the judge to interpret it so she could serve. We think it's unconstitutional to the extent that their interpretation is correct, and it's also contrary to the European Convention on Human Rights," he said. The case is listed to take place at the High Court in Dublin next Thursday, 29 May. Mr Farrell said he is hopeful of a positive result for Mrs Clarke. "We are quite hopeful – I am unsure if the State would appeal if we won. Maybe they just haven't thought about it! The case was dropped last week on ageism," he said, referring to a similar case taken recently by Galway man Mark Kennedy, who was deemed too old for jury service at 71 years old. The case was dropped by the State before it reached court. Both Mrs Clarke and her husband are deaf, but have two hearing children. She is currently studying to teach sign language and is a member of the local DeafHear organisation, which assisted her in taking the case. Mr Tony Dolan, a Community Resource Officer with DeafHear, said the organisation "needed someone like Joan, who was willing to fight" against discrimination. "We are very much for deaf people having equal rights and equal access to society. Most people would take this as a given right but deaf people have been excluded from it," he said. |
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