Mixed ruling in Loughrea deaf woman’s case

The High Court delivered a mixed ruling in the case of a Loughrea woman who initiated a legal challenge after being excluded from serving on a jury four years ago.

Mother of two Joan Clarke who has been deaf since birth, was refused permission to serve on a jury at Galway Circuit Court in 2006 on the grounds that she is deaf. Ms Clarke then brought a case against the State claiming that her exclusion was discriminatory and unconstitutional.

The High Court ruled that a County Registrar was not entitled to exclude Ms Clarke from jury service as deaf people are not automatically ineligible, however, the judgement does not clear the way for deaf people to serve on a jury. Mr Justice O’Keefe expressed concern that the presence of a sign language interpreter in a jury room would breach confidentiality.

It is expected that lawyers for the Free Legal Advice Centres, representing Ms Clarke, will return to court next week to pursue other aspects of the case.

 

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