‘Nicodemus, he who came to Him before, being one of them, says to them, “Does our law judge a man unless it first hear from himself and know what he does?”
Present among them was Nicodemus, who had previously consulted Jesus (John 3) and was a member of the Sanhedrin (the Jewish governing body). He was one of the group of Pharisees acting in the matter, and he tried to intervene. ‘Does our law judge a man without first giving him a hearing and learning what he does?'. What he said was in fact in strict accordance with the Law as found in Deuteronomy 1:16-17; Deuteronomy 16:18-20; Deuteronomy 27:19 with John 13:14; John 17:4; John 19:18. Thus once again their failure to genuinely observe the Law is being emphasised. But as the next verse tells us Jesus was not being given justice because He was a Galilean. Prejudice overrode the truth.
Nicodemus' question was asked in such a way (in the Greek) as to expect a negative reply, but he soon found that he was on the wrong track. These people of the Law were not willing to listen to the Law when it did not suit them.