Wednesday, May 11, 2011

The false imprisonment of Jaden Knight and Phillip Johnston.

Much to reflect upon with this case. In some ways deciding where the place to start is as difficult to arrive at as where the finish might be. I wonder what the touch stone might be, and realise that it is 2 mothers. There is a recognised concept that the wheels of justice turn very slowly, that justice is in many ways inert and selfish, that justice has become a law to itself, a preservation of itself over the faults that often make it blind, unable to speak, hear or see.

So if our Minister of Justice takes many years to speak out, apologise over a case that has found its root cause in Police misconduct years ago, then why haven't the Courts spoken sooner, why do they not speak now - in this time when again victims of miscarriages of justice and their families call for the formation of a separate entity to investigate cases such as that of the Foxton arson because of which these 2 men were wrongfully imprisoned - why are the Courts silent? The Courts must see more clearly that members of the public or lay people the mechanics, lies, and fabrications of MOJ but they leave them for the victims to pick a way through an unforgiving an forbiding Justice system that is onerous in it's design.

We all know a Judge can gaol a defendant, a lawyer, a member of the public in a Court room for 'insolence,' swearing, the clothing the wear, for being upset, shouting or cursing - so clearly they can gaol a police officer for contempt when he is giving evidence and clearly lying, or can note on the public record his observations of circumstances that have led an innocent person to Court and imprisoned or charge for an offence on evidence that is false. Unfortunately, the more I think about the role of the Courts in the role of imprisonment it appears equally as unsatisfactory to that of police officers, scientists, or lying witnesses play a role no less than a Judge or panel of Judges who remain unmoved, or unwilling to speak on events, such as the false imprisonment of these 2 men, when it passes before them.

If I'm offended that the OIC that fitted up these 2 men remains in the Police, has never been charged with any crime relating to the MOJ, then why aren't the Courts when the case passes before them? There are no expedients in Justice, only raw, uncompromising truth, the failure of truth in a prosecution is the failure of the entire case - not an opportunity to look for supporting facts elsewhere in a already blemished prosecution. The investigation into these unfortunate men in the overall wash up took minutes, hours, days but unravelling their nightmare has taken years - observed either without concern for the interests of justice and the safety or citizens. Time for the Courts to speak up, not to 'excuse' logic, or 'unfortunate' breaches of investigating and prosecution procedure. Time for the Courts to speak the public mind, to be active when things go wrong and not appear lethargic and system-protecting.

If the Courts don't speak who else will, campaigners such as Joe Karam, Pat Booth, Dr Sprott? (and respect to many others of their kind.) Women such as these two mothers and the mother of Aaron Farmer, who will protest for these good people who, for whatever reason have been disturbed enough over a MOJ to step out from themselves, from their life into the mouth of an indolent beast. Where is the life in our Courts in the people considered to be insightful, sharp, worthy and humble administrators of the truth, make no comment or order when a broken family pass by trying to rescue a son or daughter from a sleeping beast? It isn't right.

To finish on this subject, I wonder why the families needed to go to Parliament to accept their 'apology' when in fact that it is the lawmakers who should be cap in hands, or with fine mats hiding their shame at the door of their victims.

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