Tuesday, October 2, 2012

Ewen MacDonald: What's left?

I think what is left after the acquittal of EM and following his sentence on other charges has been best summed up by his ex wife Anna Guy. She has told the country that she supports the Jury's decision because they, unlike her and the rest of the country, heard all the evidence against EM. She has also said that she doesn't know whether her ex husband killed her brother Scott, precisely explaining the same situation every other New Zealander is in except for one, and or/any accomplices the killer may have had.

What Anna told those that watched 60 minutes on Sunday night was of the conflicted character of Ewen MacDonald, she spoke about his double life, his resolute decision making from which in her experience, he would never alter. Once he had made up his mind that was it. She succinctly and with humour explained away the rumours spread throughout the country about EM, whilst also speaking of her personal betrayal by him. Most astoundingly, and quite remarkably given her situation, she did not convolute the betrayal she felt into a belief therefore that EM was guilty. She also spoke of her father Bryan and her decision, to attend the trial with an open mind. Interestingly, telling us in the process that other witnesses, presumably including some from within her family, gave evidence believing EM was guilty. Anna told us precisely that; some in her family, by not being included in those that had not made up their minds, thought EM was guilty for reasons clearly not attached to evidence but more to emotion. I think we saw that by some of the hostility shown toward EM when evidence was given and in the aftermath of the trial. Who could ultimately blame those witnesses for being unable to withhold judgement when in the wider community the Jury's decision was met with hysteria by some others who, like those family members, didn't know whether EM was guilty or not but were prepared, willing in fact, to proclaim his guilt anyway.

There is a micro-dot of reality that Anna Guy has unwillingly displayed to the public of New Zealand at large about where decisions of guilt or innocence are decided. I use the word unwillingly because she, and I'm sure  the majority would agree, would far more willingly have preferred not to have been touched by this tragedy. But that's not all she has provided the public of New Zealand, because she spoke about the pain of having to give evidence, underlying in my opinion the lack of consideration shown to her and other witnesses by calling them to the dock not once, but several times. Those witnesses, as we've since seen, were all hugely capable of giving evidence once and in sharp detail. As I've written earlier I feel the Crown had been unable to resist the potential of having distraught witnesses called a number of times to engender sympathy for them, and prejudice against EM as being responsible for that distress. There was no need for it, these weren't professional police witnesses but real people who were under going a type of hell few will ever experience.

I think we also saw that the Crown were 'at work' inside the family, trying to split them apart and I can recall writing about a request from the Crown that the Guy's didn't attend some hearings for fear that it looked like they were supporting EM. Obviously with a weak case the Crown were looking for perceptions of guilt to carry the day where evidence fell short. Real Justice, for the family or the public? Not in my opinion. One could easily argue that MacDonald should never have been charged and the Crown relied on factors beyond evidence in the hope of bringing a conviction home. Whatever the efforts of the Crown or police may have  or not have been, I doubt they would escape the analysis of one of the victims herself - Anna Guy, that she didn't know if her ex husband was guilty and that it was for a Jury to decide who had heard all the evidence.

I can imagine that it would have been quite easy for someone of a different make-up and character than that of Anna and her father, to become absorbed by what they didn't know and allow the product of that to become that they were sure that EM was guilty. That would have provided them to 'escape' by hating someone for being guilty even when not sure of the guilt. We see Anna unwilling to hate somebody without sure reason and could fairly assume that she may be among the rare few that don't hate at all - with or without reason perhaps because she understands to hate others invariably lets a beast through the doors. So I asked a question 'What's left?' I think we see for at least two of the parties savaged by the death of Scott Guy, that it isn't hate.....

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