On 29 November, Mr Justice Paul Carney decided that profoundly deaf man Senan Dunne could sit on a trial jury with the aid of a sign language interpreter.
This ruling overturned a contrary decision taken only two weeks previously by a Circuit Court Judge. In that case, Judge White confirmed a deaf person's capacity to follow proceedings and take in evidence, but said that a deaf person is not permitted to serve on a jury by virtue of the confidentiality problems that a sign language interpreter would pose in the jury room.
Judge Carney determined that objections to having a "13th person in the jury room" could be met by the signer taking an oath of confidentiality and the jury foreman ensuring that she or he was confined to translating what went on.
Solicitor for Mr Dunne, Michael Farrell of the Free Legal Advice Centres, said that while there had been a blanket ban on deaf jurors under the Juries Act 1976, the law had changed in 2008. The issue now was whether it was practical for deaf persons to serve. He argued that with the aid of signers and modern technology, jurors could serve without difficulty. Mr Justice Carney agreed that it was practicable.
Unfortunately, lawyers for the defendant challenged Mr Dunne's service under a rule that either side in a trial can challenge up to seven jurors without having to give reasons, and Mr Dunne had to stand down. Therefore a deaf person's service on a jury is still awaited, despite this landmark ruling by Judge Carney.
FLAC welcomed the decision saying that the exclusion of deaf persons from juries was symbolic of the fact that they are not treated equally in Irish society. However this ruling was an important step towards ending that discrimination. Additionally, it had always been a concern that juries could not be representative of the general public if deaf people were excluded.
Earlier this year FLAC represented deaf Galway woman Joan Clarke who successfully challenged a decision to exclude her from jury service even though she had not asked to be excluded.