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Barrister wanted 'no Greek jurors' in rape trial

* Steve Butcher
* July 29, 2008

A BARRISTER has tried to exclude Greeks from being jurors in a Victorian rape trial because of a "common misunderstanding" they like anal sex.

John Desmond, a defence barrister for 23 years, initially told a County Court judge his submission was in fairness to the alleged victim, a Greek woman.

He told Judge Roy Punshon there was a misunderstanding in the community that "Greeks like anal sex" and that the woman might be seen as compliant and "in fact wanting it".

"That would be doing her a disservice, it wouldn't be fair to either party," Mr Desmond said earlier this month.

When Judge Punshon refused the application — saying he would not have a jury empanelled that excluded Greek people — Mr Desmond then made the application on behalf of his client "in fairness" to him.

Asked by Judge Punshon what the issue was with his client, Mr Desmond replied: " I don't want a Greek juror empathising with a Greek complainant (the woman), your honour."

Judge Punshon responded: "I'm not going to have a jury selected on the basis of race, nationality."

The discussion took place on July 8 as Mr Desmond's client and two other men represented by other barristers prepared to plead not guilty to a number of charges.

The trial ended last week when Mr Desmond's client was acquitted and the other men were found guilty.

In a transcript of the exchanges obtained by The Age, Mr Desmond began his submission by telling Judge Punshon it would be appropriate that there be a "general exemption for a category of potential juror to be inquired of in the case here".

Asked by Judge Punshon what was the issue of fairness to the complainant, Mr Desmond replied: "Greeks.

"See, the allegation here, this is a Greek complainant and her nationality will be established on the evidence, your honour, it's part of the narrative and there are allegations here of anal penetration and there's a common misunderstanding in the community that Greeks like anal sex and she might readily then be seen to be compliant and in fact wanting it.

"That would be doing her a disservice, it wouldn't be fair to either party."

Asked by Judge Punshon what he meant by not being fair to either party, Mr Desmond said: "Well, there's a misconception in the community that Greeks readily engage in anal sex."

Judge Punshon: "Is there?"

Mr Desmond: "They (the jurors) should determine this case upon the evidence, not on the misconceptions."

Judge Punshon: "I will tell them that."

Mr Desmond: "We should avoid the risk, your honour."

Judge Punshon: "Pardon?"

Mr Desmond: "We should avoid the risk."

Judge Punshon: "Well, I'm not going to have a jury empanelled where no Greek people can sit on the jury."

Mr Desmond: "Well, it may be there's only two or three on the panel, your honour, I can't …"

Judge Punshon: "There will be, but I'm not going to exclude someone simply because they are Greek."

The Age is unaware of what the final composition of the jury was.