raises long-standing questions about the jury system in Bermuda. In a letter, part of which was read in court, the man said that he did not believe in the justice system. "I do not agree with the racist court system and could never contribute to convicting anyone...'' The man said he had made court officials aware of his beliefs at an earlier time but said they were indifferent. That makes us ask why he was not interviewed and stricken from the jury list. Had that happened, the trial for which he was called would not have been delayed and valuable court time would not have been wasted.

We agree with Puisne Judge Vincent Meerabux who was quoted as saying: "You are members of society, and as such, whether you like it or not there are duties you have to perform.'' One of those duties is, of course, jury service. Unlike some other countries which use panels of judges, juries are what our legal system is all about. But if you have a potential juror who does not support the justice system and would never contribute to convicting anyone, then that person is not a potential impartial juror who is going to weigh the evidence and come to a decision. The juror comes to court with a decision already made and that is a miscarriage of the jury system.

It seems to us that far too often in Bermuda jurors have an attitude in criminal cases of, "If I didn't see it, it didn't happen,'' no matter what the weight of the evidence. In civil cases, jurors can be full of suspicion of technical and accounting evidence and bored with the complexities of a case and very prone to acquit, no matter what the evidence, if a major financial institution or a large company is involved.

It may be that where technical cases such as complex fraud are concerned, Bermuda should move much more often than it does now to special juries who will fully comprehend the evidence. We should also give consideration to using such special juries in criminal cases where there is a great deal of evidence such as DNA and fingerprints. These days DNA can be the most conclusive evidence possible, yet it is sometimes rejected simply because some jurors refuse to accept technical evidence on the "I didn't see it basis''.

Bermuda is becoming a much more complex place and greater demands are being made on everyone, including jurors.

We think it is time for the Registrar to take a very hard look at the jury pool. There are repeated reports that it is easy to avoid jury duty and that far too many people manage never to serve. That creams the pool.

We repeat Mr. Justice Vincent Meerabux's statement: "You are members of society, and as such, whether you like it or not there are duties you have to perform.'' Very often everyone hears Bermudians complain about jury verdicts and about the number of people who are found not guilty. Yet many of those very same people do not serve on juries and find ways to avoid their duty.