Wednesday, October 22, 2014

Gulf between Courts of Public Opinion and Courts of Law: Oscar Pristorius Trial

By Retlaw Matatu Matorwa

Oscar Pristorius murder trial is unarguably one of the 21st century greatest trials. Human interest subjects such as Love, race, frie-nemies[1] to privileges of the “haves” took center stage during the trial. Unwearyingly, I watched the trial transforming from a tragedy to a reality show. The legal theatrics in the court room was interesting- it was world class performance. The precedents from this case, undoubtedly has space in the future of legal jurisprudence. Of interest, the star witness was truly remarkable; Pistorius sobbed, stammered and gave contradictory statements on the stand. He nearly incriminated his defense for misleading him. It was dramatic indeed!

Oscar’s trial dominated social media platforms Facebook, Twitter, Instagram to mention but, a few. Bloggers and Journalist were glued on whatsapp texting and sending updates about the trial. In addition to, demonstrations and picketing from gender activists and organization, sympathizers and opportunists had their part to play.

Carte Blanch’e spruced it up through acquiring rights to broadcast the trial live. 138 million people across the world followed the trial through DSTV channel 198. The channel was even named OSCAR’s TRIAL. News channels from CNN to Zimbabwe Broadcasting Corporation were pre-occupied with the trial bringing experts foretelling, analyzing the proceeding of the trial- what to expect- in fact everyone had an opinion.

I appreciated this trial, for affording the public unfettered right to exercise their freedom of expression. In essence, this trial was highly opinionated, every Jack, Jill and Tom had an opinion. Following debates and exchanges on twitter and facebook- it was amazing how the public “overnight” turned to forensic, Legal and judiciary experts.

Despite public opinion calling for his condemnation- to the disappointment of many- Judge Thokozile Masipa slapped the Olympian with a five year Jail term for culpable homicide causing the death of Reeva Steenkamp on 14th February 2013.

Whether Judge Masipa was too lenient or not, is an issue I’m reluctant to address. I will leave it to legal enthusiast.

This case was highly publicized, the social status of the accused person also attracted interest from a wider range of audience. There was no way; this case would have avoided attracting public opinion. Hence, we had the verdict long before the trial.

However, public opinion lacks substance and facts. People’s opinions are not necessarily facts- Hypothetically, how many of us supported a wrong opinion simply because we want to please a friend, relative or acquaintances? Not all opinions are misleading but, human beings have a tendency of using emotions without benefit of intellect- clouding their judgments.

Judge Masipa must have had it rough given the public pressure on her shoulders. The manner in which things were happening makes it difficult for one to maintain an impartial mind.

However, should our courts of law relied on public opinion, I’m sure our correctional facilities must be bursting in capacity; we will all be in prison! - But rest assured courts of law would be a joke!

Fortunately in the courts of Law, “the wise and dull both have their story to tell.”
There is no space for Court of public opinion in a court of law: Courts of Law are established to seek truth and deliver Justice and fairness to both parties. The court of Law weighs the merits and demerits of the case before coming up with a judgment. It places more value of evidence and not emotions.Most of all, the courts of Law work on the presumption of innocent till proven guilty, BUT court of public opinion WORKS ON PRESUMPTION OF- guilty till proven innocent and  are quick to condemn.

In the courts of Law the accused is given an opportunity to give his account of events. Unlike our courts of public opinion where we claim monopoly over what is and should be the truth. He or she is afforded an opportunity to seek advice from experts in the hope of shaping his truth- implicitly, the state probes the account of the accused to triangulate and collaborate his/ her facts and evidence. The prosecution and defense attorneys are given ample time to state their case in the presence of an impartial Judge- Playing MUTONGI GAVA character[2]

As a rule of procedure, the presiding Judge must not be influenced by anything other than evidence before the court. The rule cushions the Judge from being affected by public opinions and emotions- As far away as possible he/ she must keep a distance from media, analyst and public centered opinions. He or she must make his/ her judgments based on facts and evidence. The courts of public opinion rarely offer such opportunities.

Without going into further details, I’m inclined to appreciate Judge Masipa’s objectivity- she remained calm and collected paying attention to details throughout the trial. Despite public outrage condemning the accused -her lordship dared things. She has guts!

Whether her judgment was erroneous or not, Masipa refused to be intimidated by public blackmail- she decided to stand by her facts and objective judgment, taking considerable caution. She upheld the Law, which she was sworn to serve- we may not agree with her but I respect her incomparable principle of impartiality resisting populist self serving judgment.

It is my earnest prayer that; fellow Judges and magistrates in Zimbabwe take a leaf from her Lordship Masipa. I watched helplessly, as our judiciary system failed a man, condemning him to prison for his huge sexual appetite. The judiciary system succumbed to pressure from the public, women rights movement and other opinionated groups. We judged him on the basis of being a man of the cloth. This trial removed reason and substituted elements of Law and evidence with emotions.
I went on record, and will do so again Martin Gumbura deserves a fair trial- Maybe Masipa may provide us guidance.

Anyway, that’s my thinking my thinking!

Black September………….



[1] Frie-nemis- is a term used in reference to friends with a antagonize  a friend
[2] Mutongi Gava comes from an old folklore  meaning the impartial, objective judge

No comments:

Post a Comment