The lawyer for an Auckland man sentenced to prison for refusing to serve on a jury says his client wasn't deliberately trying to be defiant.
Engineering consultant James McAllister was ordered to spend 10 days in jail in the Auckland District Court after telling Judge Nevin Dawson he was too busy at work to serve as a juror.
McAllister later said he would serve if there would otherwise be a mistrial, but Judge Dawson found him in contempt of court and sentenced him to 10 days' jail before releasing him on bail.
McAllister is appealing against the conviction and sentence in the Auckland High Court.
His lawyer David Jones said on Monday that his client was trying to articulate the juror's oath when he told the District Court that he couldn't be impartial.
Mr Jones said McAllister was just trying to be honest and there is no suggestion that he was being willfully disobedient.
Justice Lang has reserved his decision.
