Govt eyes jury system after Borrell murder case

The Government is examining issues with the jury system after the Augustine Borrell case again fired controversy about an accused's previous convictions being kept secret.

Augustine's murderer, Haiden Davis, had amassed a dozen previous convictions, including for aggravated assault and theft.

After this week's guilty verdict, Augustine's father, Charlie Borrell, said it was frustrating to have known about Davis' record when the jury could not.

"If the jury had known that they might not have taken as long to come to the verdict," Mr Borrell said.

Asked about previous convictions yesterday, Justice Minister Simon Power said the Government was examining "a couple of issues" to do with jury trials.

National backbencher Simon Bridges, a former Crown prosecutor, said he was "encouraged" by the minister's comments.

Mr Bridges, who is working on issues such as whether juries should be given more information,

believes they could be told background facts such as previous convictions as in some cases the current laws could obstruct a fair verdict.

Keeping details of previous convictions from a jury has long been considered fundamental to the criminal law ethos of "innocent until proven guilty".

"Similar fact evidence" can be introduced in some cases, although it is used rarely.

Cases such as the Louise Nicholas rape trial, where the jury was not told of Brad Shipton and Bob Schollum's convictions in a copycat case have caused public disquiet.

A Law Commission report last year on whether juries should be allowed evidence such as the previous convictions of the accused recommended no changes while it monitored the effect of evidence law changes made in 2007. It will report back in 2010.

Mr Power and Maori Affairs Minister Pita Sharples yesterday held a "Drivers of Crime" meeting at Parliament, attended by more than 100 justice sector and community figures.

Otago University researcher Professor Richie Poulton gave the keynote address, in which he said genes and environment combined in those likely to exhibit violent or anti-social tendencies.

He said research showed "nature interacts with nurture".

Mr Poulton said the solution involved early intervention with the child and family.

Dr Sharples said he did not believe Maori had any genetic disposition towards "mischief".

"I think we only have the gene for doing the haka and being politicians."