Potential juror excused after second try


Albert Wong


June 8, 2005


A potential juror was dismissed before the murder trial of Nancy Kissel after he told the court he would not be able to give a fair verdict when he realized the accused was Jewish.

Nancy Kissel is standing trial in the High Court for the murder of her husband, Merrill Lynch banker Robert Kissel.

A deputy general manager of a factory in Dongguan, Lau Kin-po, originally sought exemption from sitting as a juror because his factory is going through ``restructuring'' which requires his supervision.

Justice Michael Lunn dismissed his objection since another employee could easily take over his role, as would happen if Lau fell ill.

After two more jurors had been selected, Lau raised another objection. Remembering that he and other possible jurors had been informed by the judge that the Kissel family were members of the United Jewish Congregation on Robinson Road, Lau said he would not be able to pass a fair verdict.

Lunn asked him if he were implying that, because of race or religion, Lau could not be impartial. Lau replied that he held ``a position'' in the Arab-Israeli conflict. In a stern voice, the judge said simply, ``Go.''

When told that the murder trial would last until mid-August, there was a collective gasp from the jury panel.

The judge reminded them that ``trial by jury is one of the cornerstones of the rule of law'' and should be cherished by citizens since it was what made Hong Kong stand out from other countries in the region.

Nevertheless, eight potential jurors succeeded in obtaining exemptions.

Three men were successful on the grounds of their poor English.

A chef originally sought exemption because it was ``impossible to replace'' him at the culinary school where he taught.

The judge refused this exemption, but the prosecution dismissed him when a member of the prosecution team realized he had gone to school with him.

A female administrator at Queen Mary Hospital was excused by the defense because she was acquainted with some of the witnesses. A bus driver was also asked to step down by the defense, although the judge originally believed his English was adequate.

A man whose son is suffering from a long-term illness was also excused.

Some of those eventually sworn in as jurors had raised the usual issues of language ability and employment commitments.

The decision on whether Nancy Kissel had an affair with another man while in America, caused the break-up of the marriage and murdered her husband, will be made by a jury of five men and two women.albert.wong@singtaonewscorp.com

 


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