It should first be noted that section 215 reverses the onus of proof from the prosecution to the accused. The section provides specifically, “fails without lawful excuse, the proof of which lies on him.” In specific terms the section requires the accused person to prove that at the material time he had a lawful excuse not to perform a duty imposed upon him by law. Stephen Jurkus fortunately was able to do so at least to the satisfaction of the jury who decided his fate.
Stephen Jurkus met his onus of proof by demonstrating with evidence that despite overseeing the EMDC at the time of the murder, that a whole series of incidents witnessed by other prison guards under his authority were not shared with him.
Continue reading “The Onerous Duty (Part 1)”