Legal
Abolishing right to jury in defamation trials ‘undemocratic’, retired judge to warn
Defamation trials currently have to be decided by a jury of 12, but an expert group has recommended that the power be given to judges instead
Abolishing the right to a jury trial in defamation cases would result in “inherently undemocratic” consequences, a retired High Court judge will warn the Oireachtas joint committee on justice today.
Bernard Barton, who presided over some of most high-profile defamation cases of the last decade, will also say the logic behind removing jury trials is based on a “legally flawed and factually inaccurate” premise.
Judge Barton will urge the committee to give recent guidelines on ...