Tuesday 9 December 2014

What is justice.

What is Justice? Is it a philosophical concept that gets squashed in the human mastication of self interest and duplicity. How often we have been amazed at the Byzantine rules that inflict decisions by the courts based on technicalities that would make a blind man weep.
The South African Court has just handed a decision freeing the British Indian man who's wife was murdered in one of the shanty towns on the Cape Flats.


From the newspaper reports and the confessions of the taxi driver and the man who killed her, both convicted, the husband was guilty of organising her death. In the UK he feigned mental illness and tried to avoid being extradited to SA for the trial. 
Surely it was an open and shut case ?
Where did it go wrong as the Judge set him free, having decided the prosecutions case was full of holes. Was it a lack of proper forensic evidence, of inadequate or inconclusive piecing together of the known facts to present an believable trail of events. With the driver and the killer in jail convicted of the act of killing, one would be hard pressed to believe that either of the convicted men had had the gall to try and rope the husband in if he wasn't in some way guilty of some sort of collusion. The husband had a secret, that he was 'gay' and it was thought that his infidelity was the reason for the marriage to be under pressure.
An open and shut case but due to the intricacies of law, common sense had to be tested and even though a man is guilty he can be released on technical details which are asinine to all but the legal mind.
The Judge seems to have called an end to the trial because she thought the prosecution witnesses where unreliable and that what they had to say was filled with inconsistencies. But given the limited number of witnesses, three, the driver, the murderer  and the husband why wasn't the third witness at least forced to testify. A court is supposed to test the reliability of all the participants including the Police and any experts called to collaborate technical details. To close the case in such a high handed way is difficult to explain.   In the movies, "someone got to her" !!! 

The Judge I felt didn't convey the gravitas one expects and stumbled through her written findings, making mistakes and having to correct what she had said (perhaps the weight of her decision was already weighing heavily on her shoulders).  She made the Judge in the Pistorius case, who at the time I criticised for seeming to be timid and not in control, she made her seem measured and composed.
Where do they find these JPs in sunny South Africa or, is it a measure of standards across the board ?

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