A Dog's Eye: Taught by the court

I've appeared in courts of law four times in my life...so far. Each time I was in a different role, and at a different stage of my life. Only my most recent experience was without considerable anxiety. Many people I know have never been to court and in the normal course of events, most are unlikely to. It is not an experience to which anyone of sound mind aspires, nor is it normally considered positive.

In 1983 I was fifteen years old when I found myself in the Sutherland magistrates court charged with several offences relating to the theft of a motor vehicle. The vehicle in question was the same one in which the police found us pretending to sleep one night. I pleaded guilty to the charges, knowing I was guilty of numerous others for which I had not been called to account. Most seriously, I was guilty of breaking the trust of my parents. Having been sentenced to a two year good behaviour bond and fined, I accepted my punishment and determined to end my criminal endeavours.

In the late 1990s, I was at university. I returned to my car after a lecture to move it because I had been parked in a two hour parking zone. I did this not only because I did not want to be fined but also because I had been cured of 'criminal' behaviour. Unfortunately my effort to do the right thing resulted in a parking fine which I decided, as was my right, to contest in a court of law. At this appearance in the Redfern magistrates court, I was anxious despite believing myself to be in the right. Memories of my previous appearance many years earlier and the not often publicly declared warning about 'little guys' taking on the system in courts of law, played on my mind. The result on this occasion, following the ranger who issued the parking infringement denying that my car was in a different place when he booked me, was a reprimand from the magistrate. His Worship said that although I was not guilty of breaking the letter of the law, I was guilty of breaking the spirit of the law. I was ordered to pay the original fine plus court costs. I have never repeated the action which led to my second court appearance.

In my third court appearance, (2015) I was representing my fiance at the time in a custody case against her ex partner. I became something of a lay expert on family law, spending hours poring over evidence and legislation to put together a case which resulted in what I thought was a satisfactory outcome: a win. I regret doing that. Although my intentions were good, getting involved to that extent was another sign of the dysfunction of that relationship. The series of mediations, the long trail of emails, and the hearings themselves at the Family Court were intense, emotionally draining and resulted in me sometimes losing the better parts of myself inside the worst parts of myself. The battle to maintain my integrity was constant. That description fits my relationship with that person as well. God forbid, I should ever find myself again in such a situation. 

I've just returned from Brisbane where I travelled to appear in a trial at the District court as a character witness for the defendant; a friend and former colleague of mine. I agreed to help my friend without hesitation, and so it was with confidence that I presented my statement to a jury in the presence of a judge. The case lasted four days. My part lasted somewhere between five and ten minutes. I was one of four character witnesses, but equally important to what I said in court was my presence. My friend had this very heavy dark cloud hanging over his head for well over a year, having been charged with a crime he did not commit. I'm sure the fact we were physically present with him, helped not only his case, but also him personally. I had to return to work so I was not in court to hear the verdict, but our prayers were answered. My friend called me to tell me the outcome. He was so excited and relieved, I thought he might somehow jump through the phone. His main job now will be to forgive his accuser and move forward with his life. This will be very difficult. Very difficult.

In all of these cases, I have no problem with the decision of the courts. There was justice for all, and there were also lessons to be learned. This is not always the case. For me, I am thankful that my appearances in court have helped shape me for the better, and in the most recent case, helped a friend avoid the more serious and permanent consequences of injustice.

K is for Killing

K is for Killing

“His hand moved fast to grasp the edge of her robe and he tugged, causing the robe to come away from her, and drag her to the floor with it. He was strong. She panicked. Maybe he was too strong. He towered over her. There was no time to waste. If he had not already seen the scissors he would soon and he might use them on her. She thrust the scissors into his foot, then scrambled to her feet as he fell. She pounced on him and stabbed repeatedly at his chest. She could hear his roaring but she ignored it and the breakneck speed of her heart, and keep penetrating his chest with the blades. Each strike a payback for every violent thrust of his penis.

She stopped when she exhausted her energy, and it was only then that she heard the urgent knocking on the bathroom door and the anguished cries which vainly attempted to open it.”

-from chapter 13, Ashmore Grief

Death is an unavoidable part of life. Sometimes we know it’s coming, sometimes we do not. We recognize the frightening randomness and fragility of life, and we respond with feigned indifference. We accept it in its startling and disturbing diversity on our screens and in the books we read. Gruesome and heinous murders are popular. Excruciating and sickening details are savoured by morbid and voracious viewers and readers. Death even amuses and cause us to rejoice in the case of the demise of characters we despise. Our thirst for vengeance, for justice is slaked vicariously, and we love it.

In reality, most people fear death, and for those lives have been destroyed by violent acts against them or their loved ones, it is a terminal excoriation of the soul. Death hurts. It can be cruel, and it is certainly indiscriminate. When someone takes another person’s life we are morally offended, and demand justice or retribution. Yet we recognize situations in which it is necessary for people to be killed. Many support just wars, capital punishment and self defence is recognized by the law as a valid defense.

Most of us cannot conceive of a circumstance in which we would kill someone, but that is only because most of us have not had the misfortune to find ourselves in such a situation. Think about it carefully and ask yourself if you had to kill someone, could you? Would you? God forbid it should ever happen, but it’s worth consideration.

Photograph sources:

http://sbgi-pdx.com/krav-maga-defense/

http://www.fanpop.com/clubs/the-grim-reaper/images/12078702/title/grim-reaper-photo 

The Death Penalty Upsized

Nearly a week after Jill Meagher was reported missing, police arrested a man who led them to her body which was buried in a shallow grave 50km outside the city of Melbourne. Adrian Ernest Bayley has been charged with the rape and murder of the 29 year old Irish born ABC employee. Her family and friends are devastated, and the Australian community shocked and angry.

Talk of retribution naturally arises as people struggle to understand what drove a seemingly normal man to commit such a heinous crime against a beautiful and innocent woman. Details of this crime will follow in the days to come but the full story will not be known until Bayley's trial, and perhaps not even then. Inevitably the perennial discussion about capital punishment re enters public fora. There are those who want this rapist and murderer to be executed but is the death sentence a just punishment?

An eye for an eye sounds appealing as a fair punishment, and is the Bible verse most often quoted when it comes to the death penalty debate, but I don't believe that capital punishment, state sanctioned execution, is ever justified. The argument goes like this, "He took a person's life so he should have his life taken." What about a mass murderer? How many times should Martin Bryant, for example, be executed for murdering 35 people in the Port Arthur massacre? What punishment could atone for the loss of those lives, not to mention the ongoing trauma suffered by the 21 survivors, and all the friends and families of the victims? Adrian Bayley raped Jill Meagher before he murdered her, so should we rape him before strapping him down on the lethal injection table? Who would volunteer to be the state's official rapist? The victims of the disturbing Snowtown murders were tortured in extreme and unusual ways before they were killed. To be fair, shouldn't we do the same thing to the convicted murderers in this case? If so we need a state sanctioned murderer, rapist and torturer  Any volunteers? The money will probably be very good.

I understand the anger people feel, I feel it too, but we mustn't allow our actions to be dictated to by our emotions. Who wants to live in a society where life is so cheap? Where someone decides that someone else's life should be terminated? Where the punishment exactly fits the crime? Think about what a society that would be. Ultimate justice is in the hands of the only true and righteous judge, the perfect one, the God of Heaven. We may never see perfect justice in our life time but we may be sure of its reality.

And Justice For All

I read today that an Islamic court in Malaysia will reconsider the sentence handed out to a mum for her heinous crime of drinking beer. Her punishment was to be six strokes of the rattan. According to the Minister for Women, Family and Community Development, the sentence is too harsh. No kidding. This story comes on the back of the case involving Sudanese woman Lubna Ahmed al-Hussein,who is facing forty lashes from a whip for wearing indecent clothing.She wore a pair of trousers in public.

At the other end of crazy, is the story of Portsmouth serial menace to society, David Moore, who has collected 103 driving offenses including nine counts of driving under the influence and 24 convictions for driving while banned. He was sentenced to just six months in jail because that's the maximum penalty available under the law.

Some people tell you that everyone knows the difference between right and wrong. They say that morality is universal. Even allowing for the extreme nature of these cases, it doesn't require Einstein's intellect to figure out that something has gone wrong with human notions of decent behavior and justice. Rational people gasp in astonishment when they hear of this madness, but rational people made these laws and rational people imposed the sentences. Are we all mental?

Western laws are based on the Ten Commandments while Islamic Law is obviously based on the Quran. Very nice ideals are presented in these great books but perhaps they are too hard to attain, too much for mere mortals to achieve. Somewhere along the line, the theory of justice has been flushed down a toilet of relative morality. The practice of justice can be a truly terrible thing in the hands of fragile fallen humanity.

What punishment would you give to David Moore?
	Forty lashes from a whip
	Six strokes from a cane
	Six months in jail
	10 years in jail
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