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22 February 2007 / Ian Francis
Issue: 7261 / Categories: Opinion , Procedure & practice
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Fit for purpose

Contrary to some observers’ fears, juries can deal with complex fraud trials, argues Ian Francis

The universal application of the jury is again under attack, and this time it’s serious. I have followed this campaign for some years now. So when I read Lady Elizabeth Butler-Sloss’ judgment setting out why she did not intend to call a jury in the Princess of Wales inquest, I sat up and took notice. On a further reading I realised that I had given undue weight to the most alarming phrases.

Here is a redacted version of the paragraph which will give you an idea of my first impressions:

 “I see the advantages of calling a jury of ordinary citizens to make an impartial decision…[but]…the disadvantage of a jury is the need…to have a careful and fully reasoned decision reviewing all the relevant evidence and providing a clear conclusion [and]…[s]uch a reasoned decision…cannot be given by a jury.”

Mohamed al Fayed instructed Michael Mansfield QC at the preliminary hearing to argue for the appointment of a jury in

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