A deaf Victorian man has called for a change in the law after he was summoned for jury duty only to be rejected shortly afterward because he was deaf.
Brent Phillips, 34, was summoned to attend court on September 24 in Melbourne.
Two weeks before that date, he rang the Juries Commissioner's office to request an Auslan interpreter be present in court and was referred to the Juries Commissioner, who told him it wasn't possible.
"He explained that they would not be able to provide Auslan interpreters, and that essentially deaf people were not able to serve on juries given the fact our presence on the jury would necessitate a '13th person' which is a breach of jury legislation in Victoria," Mr Phillips said.
Mr Phillips, who works as a Manager of Communication and Community Relations at Vicdeaf, wrote a letter to the state's Attorney General calling for a change in the law.
"Deaf people come from all walks of life: professionals, managers, lawyers, tradesmen, parents, and contribute to society as much as anyone else," he said. "We should be given the opportunity to serve on juries, particularly if deaf people who are on trial are tried by a panel of non-deaf people."
He rejected the argument that the presence of a 13th person in a jury room would compromise the process.
"Auslan interpreters in Australia are qualified and accredited through (NAATI) and abide by a strict Code of Ethics by the , including impartiality and confidentiality," he said.
A global issue
A Macquarie University study into whether deaf people should be able to serve as jurors in Australia found that the United States was leading the way in terms of access to deaf people and interpreters.
The study found that in Australia, "the rights of the victim and the defendant overrule the right not to be discriminated against."
Last year, Queensland woman Gaye Prudence Lyons unsuccessfully for excluding her from jury duty in 2012.
She pointed to the United States and New Zealand as examples of countries in which deaf people were able to serve on juries and argued she should be afforded the same right.
Ms Lyons this year against the ruling and her lawyer suggested she may take a complaint to the United Nations, which is considering three similar complaints from deaf people in NSW.
In January, Perth woman Drisana Levitzke-Gray became the to participate in jury duty after making it through the summons-and-selection phase.
While she did not complete the full service, her progress was hailed as a landmark in the deaf community.
Ms Levitzke-Gray, 21, told SBS she was disappointed to hear of Mr Phillips' experience.
"I look forward to the day when I am no longer the only one who managed to get through the jury duty proceedings," she said, "the day when all deaf people have their human right to participate in jury duty upon receiving their summons."
"Research has proven, and will continue to prove, that deaf people are more than capable to serve on juries and that interpreters follow the code of ethics and conduct."
In July, The University of New South Wales led a to try and determine if deaf Australians would be able to serve as jurors.
The mock trial, which took place in a Parramatta courtroom in Sydney's west, included a combination of hearing and deaf jurors, a retired judge, two police officers and two witnesses played by actors.
Professor Sandra Hale, from the university's school of arts and social sciences, said many deaf people would welcome the chance to become jurors.
"The idea [for the study] came from the fact that deaf people want to participate as citizens," she said. "They are Australian citizens, and they feel like they would like to serve as jurors just like any other citizen has or may have that opportunity."
SBS contacted the Victorian Attorney-General's office for comment on Mr Phillips' case given the following statement:
"The Victorian Department of Justice is currently examining legislative and other issues regarding deaf people serving on juries, following this issue being raised with the Victorian government by Mr Phillips."
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