GUELPH – There were just 11 potential jurors remaining in the courtroom after noontime last Wednesday, but the requisite 12 people had been selected to form the jury for the upcoming trial of a 45-year-old Palmerston man.
The trial of Michael Hurst, who is charged with five counts of sexual assault dating back to 2018, begins next week before Superior Court Justice Cynthia Petersen.
Standing before Superior Court Justice Gordon Lemon in Guelph court on Aug. 30, Hurst pleaded “not guilty” in response to the charges read aloud. None of the charges have been tested in court, and Hurst remains innocent unless proven otherwise.
Representing the prosecution is Crown attorney Peter Keen, who is expected to call four witnesses during the trial. Toronto-based defence lawyer Mary Murphy is representing Hurst.
Jury selection took place in Guelph court on Aug. 30 as people were called up by numbers, plucked from a gold-painted bingo cage, to form a line on the westerly wall of the courtroom.
Justice Lemon told the room of around 75 possible jurors that jury duty would leave an indelible impression.
The judge dwelled for some time – admittedly longer than his peers, he said – on cautioning jurors about the potential harms of consulting outside sources of information during a jury trial.
Lemon’s lesson could be summarized by saying: stay off the internet.
Jurors are triers of fact, Lemon said, and must make judgements based only on what is presented to them within the four walls of the court.
“Have I got the point across?” he asked with some humour.
Three people were excused by Lemon at the very beginning for conflicts.
“We’re friends,” one man said.
“I live in the same town,” a woman said.
Another worked with Hurst’s spouse.
The right of people accused of serious crimes to have their case tried by a jury has existed before Confederation, and is enshrined in the Canadian Charter of Rights and Freedoms.
The process has undergone changes over the years, including in 2019, when the passing of Bill C-75 gave judges final say on whether jurors could be excused, rather than lawyers who were previously able to dismiss a number without giving reason.
By the time the 12-member jury was picked last week (an additional four are serving as alternates and backups) a total of 47 people had been excused.
Reasons hastily scribbled onto pieces of paper, and summarized aloud by Lemon, ranged from the upcoming agricultural harvest to financial hardship.
Jurors are not paid for the first 10 days of a trial, are paid $40 starting on day 11, and $100 starting day 50.
The trial has been scheduled for two weeks, beginning Sept. 11, but could run shorter or longer.
