|
|
The |
|
Tom Blackhall expresses the unease
of many regarding the trials of several people convicted where proof beyond
reasonable doubt seems absent (December 19). In the Ellis case it is
impossible to believe he is guilty if the women also accused are innocent.
Evidence in the Tamihere case was later shown to be suspect as regards the
murder charge, and in the same copy of your newspaper doubt is thrown on yet
another case, the death of Yvonne Bennett. I believe Blackhall does not go
far enough. Certainly the jury system is flawed, and incidentally grossly
wasteful of time in its selection process. But its most damaging impediment
to justice is the adversarial system whereby barristers have so strong an
incentive -- monetary and egotistical -- to win at all costs. I do not impugn
their honour, but the need to win has to colour their judgement in selecting
evidence. The legal profession will fight to
the last to preserve its high-profile role in trials. The objective must be
not to win but to obtain the truth. In the Ellis case, as in others, it
clearly was not, parts only of the truth being selected to obtain a
conviction. |
