The fact that jury lists contain far more men than women violated one frequent juror’s fundamental human rights, a court ruled yesterday.

After having been repeatedly summoned for jury service, Notary Herbert Cassar filed a constitutional application in 2001 against the Registrar of Courts, the Police Commissioner and the Attorney General.

He told the court he had for many years been listed as a person who could serve as a juror in the Criminal Court. He had been fined when he failed to appear and when he did not pay the fine he had been sentenced to detention without the opportunity to defend himself.

Dr Cassar claimed the manner in which the lists of potential jurors were compiled was discriminatory. The lists were biased towards persons practising a profession or those who had a high level of education. Furthermore, they tended to include far more males than females as potential jurors, he argued.

Mr Justice Joseph R. Micallef, sitting in the first Hall of the Civil Court, noted that Dr Cassar had graduated as a notary in 1976 and had been included as a potential juror in 1979. He had been selected for jury service in 1981 and his name had continued to be entered in the jury lists until 2001.

Dr Cassar’s complaints had to be examined in the context of the time prior to his constitutional application because extensive changes had been implemented to the law governing jury service since then.

The court added that the parties to the suit had wished to await the outcome of a very similar case filed by Maurice Zarb Adami against Malta before the European Court of Human Rights. The European Court had found Mr Zarb Adami’s rights had been violated because the manner in which the jury lists was compiled meant many more men than women were included.

Mr Justice Micallef therefore found in favour of Dr Cassar and ruled he had been discriminated against.

The court, however, dismissed Dr Cassar’s claim that his inclusion in the lists of jurors constituted a violation of his right to freedom from forced labour.

The court also declined to cancel the fines Dr Cassar had incurred when he failed to serve as a juror noting they had been imposed legally by the Criminal Court.

The court also found the Attorney General ought not to have been called into the suit.