Under s 68BA(3) of the Supreme Court Act 1933 (ACT), a court may order a judge alone trial over the objection of an accused where COVID-19 restrictions make a jury trial practically impossible, particularly for multi-accused trials. The right to a fair trial does not include a right to a jury trial. Where three of four co-accused are in custody and a jury trial cannot proceed for an indefinite period due to pandemic restrictions, the interests of justice favour a judge alone trial even where one accused and the Crown oppose the order.
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