Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 1 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 Student Name: Ratthanan Tienpraenimit Student ID: 1407522 Date/Time of observation: 4 May 2015 Court Name: No. 6 Ground Floor Case Name: Before the Honourable Presiding Judge: Sarah Katz Language used by Interpreter Chinese Mandarin and Cantonese Community Involved Chinese Due Date: 14 May 2015 Date Received: I CONFIRM THAT: This is an original assignment and is entirely my own work. Where I have used the ideas, examples, quotations, or any work of other writers, I have accurately referenced and acknowledged the source in every case. This assignment has not been, nor will be submitted as assessed work for any other academic course. Signature of student: Ratthanan Tienpraenimit Date of signature: 10 May 2015 2 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 CONTENTS Page Introduction ...................................................................................................... 4 Diagram Layout of the Court Room .................................................................. 5 Court Proceedings .......................................................................................... 6 Court Interpreting ………………………………………………………….. 10 Reflection ………………………………………………………………….. 13 Conclusion …………………………………………………………………. 13 Legal Terminology ………………………………………………………… 14 Reference …………………………………………………………………... 15 3 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 INTRODUCTION On Monday The 4th of May 2015, I went to Auckland High Court to observe a Murder Trial where they picked 12 Jury members to be part of murder trial. The purpose of this observation was to understand the protocol and the manner the court was to proceed. It is my first time observation in the Court as I never knew anything about Court System. This observation is a part of my assignment at UNITEC Institute of Technology as I am learning the Liaison Interpreting to become an interpreter. This case is Before Honourable, Justice Sarah Katz and the case is about a defendant who is charged for one (1) count of murder and it will take place in 2012. On Wednesday The 6th of May 2015 witnesses will give evidence. The language involved is Chinese Mandarin and Cantonese. An Interpreter is needed for the defendant. The Chinese community is involved as both the defendant and the deceased are Chinese people. 4 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 DIAGRAM INSIDE THE COURTROOM Exit Exit Judge Registrar/Court Taker Exit Witness Box Crier’s seat Counsel for Crown Interpreter Jury Box Podium Counsel for Defence Media Holding Chinese Interpreter Dock Public Seating Public Seating Entrance Before The Hon, Justice KATZ Crown Court Taker Miss Barrett No.6 Court Cell Ground Floor Court Crier Mrs. Iyengar 10.00 am Yun Qing LIU (BN Dickey, Fulliney) V (R12014-044-1376) (Mkan, Fpereira) Murder (1) 5 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 COURT PROCEEDING In Auckland High Court Room No. 6 protocols were followed according to High Court procedures. Once the Court was about to proceed, the registrar asked everyone inside the court to stand up and the Presiding Judge was coming inside the Court Room to proceed with Murder Trial. Once Judge Katz sat down on the chair, everyone was told to take their seat. The Judge then introduced her Court officials for example the Registrar, Miss Barrett and the Crier Ms. Iyengar and their respective duties, Crown Prosecutor Ms. Dickey and Ms. Fulliney, Defence counsel Mr. Mkan, Mr. Fpereira, and Miss Ting, The defendant Mr. LIU and members of the Jury were also introduced in the Court Room, 2 Interpreter and Media were also introduced in the Court Room. Rituals in the Court Room No. 6 was the OATH read to 12 members of the Jury by the Registrar in the presence of Judge Katz. Also the Chinese Interpreter followed Court Rituals. On Monday the 4th of May 2015, I went to Auckland High Court to observe a Murder Trial where Jury to be part of it. The defendant, a Chinese nationality Mr. Mkan against the crown and deceased person Chinese national too. Her name was Ms. Cissy At 10.00 am in High Court Room No. 6, and the Court Room was packed with people. The Crown Prosecutor and the Defence Counsel were present too. As the defendant was a Chinese, There were 2 Chinese interpreter present in the court room. The defendant was brought to the dock by two security guards as the defendant was in prison custody. The Judge Hon Katz read charges against the defendant and then told him “It will be a jury murder trial where twelve members of the jury will be listening to the evidence from the witness to find, if he is guilty or not guilty.” The defendant was informed that twelve members of the jury will be picked from fifty in the court room by ballot. The defendant was given his rights to object if he found that any member of jury was known to him or for any other reasons. Same was applied to the Defence Counsel. Fifty members of the Jury to came inside the Court Room No. 6. The room was small and some of the members of the Jury were told to stand as the registrar will to pick their names from the ballot. Members of the Jury were reminded that if he or she when picked should take a seat in the Jury box. If for some reason they cannot attend the jury duties they have to come forward to her and give their reasons. 6 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 Once all the rules was told, the Court Registrar Miss Barrett picked up the first name and asked the person to be sat in the Jury box. Few people who did not want to take part in the Jury Trial for example one Chinese lady who and told the Judge that she has very little English language and she cannot understand well. The Judge dismissed her and then informed the court i.e. the defendant and the Defence Counsel. Few others who went to the Judge and told that they cannot do Jury duties. The Judge at all times told the court when dismissing them. Once twelve Jury seats were filled the Judge dismissed all other member of the Jury and thanked them to be part of the Jury selection. Once the twelve members of Jury were selected the Judge Hon Katz asked the Jury members to listen to her carefully as she was going to tell them of court rules in the Jury trial. The Jury member were a mixture of male and female 7 males and 5 females and they came from different background and culture. As rules and regulation was read to the members of the Jury the Judge asked them to pick a leader in the group who will be known as foreman. The court took a break as the twelve members of Jury went to Jury Room to pick one member of Jury to become a foreman. After the foreman was picked they all returned to the court to their seats. The Judge then explained the duties of the foreman 11 member of the Jury. The Jury was briefed about their work in the Murder Trial and Judge told them that the trial will be for 8 weeks or less. The Judge will then sum up the case and the Jury will give a verdict. Once the Jury’s had selected a foreman they were dismissed and told to return on the Wednesday 7th of May 2015 as the Murder Trial will begin. The Court was dismissed that day. I observed on this day how a jury was selected and organised for the Murder Trial on 4/5/2015. It was a trial. Witnesses called to give evidence and the Jury listening. Crown Prosecutor presented first. It was both, examination and cross-examination during the Murder trial. There first evidence given by witnesses. Mr. Philip, older brother of the deceased (Ms. Cissy) in the witness box. Mr. Philip told the Court about the relationship his sister with the defendant. 7 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 The nature of the case is Criminal Case. Murder with one count. The people who participants were in the Court The Judge, Court officials, Member of the Jury, Defence Lawyer, Crown Prosecutor, Witnesses, Interpreter, the Defendant, Audience. Crown Prosecutor who presented during the proceedings. The other roles of the Court personnel that I observed during the court proceedings such as Court Taker The court staff members helps the Court Room to runs smoothly and any instruction from the Judge happen. This person usually sits in front of the Judge. They are sometimes called “Court Registrar.” In this murder trial the Court Taker introduced as Madam Registrar by the Judge Katz. Court Crier In High Court Room No. 6, observed the Court Crier during the proceedings performing her duties in the Court. The Crier was helping the Court, Jurors and members of the public. Court Crier sometimes referred as jury Officer Police Police to keep law and order in and outside the Court. Guards In the High Court Room No. 6 I observed two guards in the dock with the Defendant. They were escorting the Defendant in and out of the Court during the Court proceeding. 8 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 9 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 COURT INTERPRETING I observed all 3 type of interpreting mode at the Auckland high court. The 3 interpreting mode are as follow 1. Simultaneous 2. Consecutive 3. Sight translation The Interpreter were from Chinese Community and they spoke Mandarin and Cantonese. The 2 interpreters were female and the name of the Mandarin Interpreter was Ms. Liting Chen and the female Cantonese interpreter was Ms. Milly Zhang. The Cantonese interpreter was seated next to the witness box. The second lady Mandarin interpreter was seated behind the defendant lawyer and also close to defendant dock. During the Court Proceeding the murder trial at Auckland High Court Room No.6, the crown prosecutor call the first witness to the witness box. This witness as Mr. Philip the older brother of the deceased Ms. Cissy Chen. The registrar gave him a bible to take OATH in English language to the witness and Cantonese interpreter interpreted the English language into Cantonese language. After he took the OATH the crown prosecutor came close to the witness to examine him about the case. The first question put to the witness in English. The Mandarin interpreter (Ms. Liting) interpreted from English to Mandarin to defendant (Mr. Liu) then Cantonese interpreter (Ms. Milly) interpreted English to Cantonese to the witness (Mr. Philip). The witness answer back the question in Cantonese to the interpreter and then interpreter interpreted into English to the judge, then the Mandarin interpreter interpreted Mandarin language to the defendant what the witness said. Chinese Community Mandarin and Cantonese Culture. Both interpreter had high standard of interpreter skill in both language from English to Mandarin and Mandarin to English. They were knew linguistic issues taking place. 1. Be punctuality and maintaining an appropriate standard of dress 2. Confidentiality 3. Communication with the court 4. Respects professional boundaries 5. Does not paraphrase, summarise what we need as said as close what they said 6. Remands neutral 7. Accuracy 10 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 Implementation of Code of Ethics for Ms. Milly and Ms. Liting are undertake work there are competent to perform in the languages for which they are professional qualify through training and credentials. Ms. Liting hard to communicate with the Crown Prosecutor because she was sitting behind the defendant lawyers when Crown Prosecutor was talking directly to the witness and she did not get the clear message. At one stage Ms. Liting told the Judge they were 4 people but it was wrong. The defendant lawyer interrupted and told the Judge there were 3 people in their family and not 4 people as mentioned. Interpreter’s Professional Conduct Professionalism Standard of integrity Confidentiality Respect in their work Accordance with the provision Ms. Liting 4 4 4 4 4 Ms.Milly 4 4 4 4 4 Interpreter’s Performance Fluency Accuracy Language Competence Delivery Task Management 4 = Excellent 3 = Good 2 = Satisfactory 1 = Need Improvement Ms. Liting 4 3 3 4 4 Ms.Milly 4 4 3 4 4 Comments Strengths Both of them get relevant information from the Judge and Crown Prosecutor, do research, prepare some paper for note taking, proper dress, be punctual, ask for clarifications from the Crown Prosecutor. They are under pressure because they had just graduated from Liaison Interpreting Course. This is first experience for them. If I did not chat with them nobody known. They cope very well with Court proceeding and was not nervous at all. Weakness Before the court proceeding both interpreter had not set ground rules to the witness and any parties involved. During court procedure the first witness Mr. Philip gave evidences until Defendant lawyer interrupted for pausing the witness and let Ms. Ling Mandarin Interpreter first then Ms. Molly interpreted into Cantonese later. Ms.Litng should ask for clarification from the witness about giving wrong number. Both 11 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 interpreter in the court display a high professional standard for example dress code was a high standard. They spoke good English and interpreted very well. During the Court Proceeding they followed every rules set up by the Court. REFECTION This was first Court Observation in New Zealand for myself. The Jury System which I found a very fair in the Justice System are also learnt the Court Protocol and duties of Court Personal in the High Court. The Interpreter in the Court Room spoke clearly and loudly so everyone in the Court understood what was spoken. They to be professional and not nervous when interpreting. The Interpreter play a very important role in the Court. Interpreter Communication Skill helped the Court to understand what was said by the witness and defendant. As for myself, learnt a lot of Legal Terms used by Defence and the Crown Counsel. The evidence produced in the Court by the witness was something new to me. Exhibit produced in the Court was something I learnt during the Court Proceeding. To become an Interpreter in the Court I need experience and skill to interpret in public very important to interpret the right word because one mistake in the Court can have serious consequence. Need more interpreter training in smaller scale to gain experience Court Interpreting. CONCLUSION I have provided my Court Observation Report for the Court Proceeding in Auckland High Court on 4/5/2015 and 6/5/2015. Included is my Court Room No. 6 Diagram which shows the Court Proceeding on 4 and 6 of May 2015. The Jury Selection was another part of observation Report where I experienced the selection process. The opening address by both counsel during the Murder Trial was a highlight as the facts of the case was read and in the Court. After what I observed in the Court I know, now how important interpreters role in the Court. 12 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 LEGAL TERMINOLOGY Address A speech by a lawyer to the judge. Adjournment A court proceeding is adjourned or postponed or put off until a later date. Affidavit A written statement and worn be fair of a person who as authority in legal system to take OATH. An evidence may be affidavit. Bench Warrant Police to arrest someone as ordered by court for example someone did not attend his criminal case on the court date. Chamber A judge office. This where judge deal with legal procedure with defence and crown lawyer. Cross Examination A witness is asked question by defence lawyer. It is to challenge the accuracy of witness. Contempt of Count Insulting the dignity of the court bad behaviour and disrespect to the judge and failure to follow judge order. Defendant Person who is charged for an offence and brought to court to answer charges against him. He is called a defendant and he has to defend his case against the Crown prosecutor. Dock Place where defendant stand or sits during criminal case. Exhibits For example a weapon, a knife use to kill someone is called an exhibit which can be presented in the court as an evidence. Exhibits are kept only by the police or Crown prosecutor. 13 Assignment 1 Court Observation Report Ratthanan Tienpraenimit Student ID: 1407522 REFERENCE Web Pages/Internet Sources NZSTI. (2015). NZTI code of ethics and code of conduct. http://www.aiic.net/page/6724/code-of-professional-ethics/lang/1 http://www.google/images/Auckland high court (Accessed 2015-05-10). 14