Reforming the jury system

It does seem that, not before long, our parliamentarians will be called to assess soberly and wisely the impelling need of a reform in the jury system in our islands.

There are times when facts and events seem to snowball. Reality has its structures too, and one has to adapt to reality.

It is natural and logical to hope our representatives will cover themselves with honour and give the citizens that welcome opportunity to witness an intelligent and very objective debate. One based on wisdom, sound judgment of facts over the years, seen under good light, without any recourse to heat and sound, which certainly are not among the ingredients of justice.

At this point, some of our politicians were far from wise and exemplary in the manner they gave their hasty views and too simplistic judgment on some of the very recent trials. To say the least, many Maltese and Gozitans of good will were so badly impressed by such frustrating attitudes throughout the performance of justice.

On the contrary, many readers must have appreciated beyond words the timely contribution of Mr C.J. Sciberras, MD, FRCS (The Sunday Times, February 15) when he called the attention of one and all that "in Scotland, apart from a guilty or not guilty verdict, there is another verdict possible, i.e. 'not proven'. In simple and clear terms 'this means that although there is a strong suspicion that the defendant is guilty, the proof is not complete." However, this also leads to the conclusion that if further evidence emerges in the future, there can be a retrial.

This certainly contains plenty of rich food for thought and deep reflection for those who have the course of justice at heart. There are times when the term "justice" is on the lips of many but in the hearts of few.

Perhaps it is also opportune to remember what a very learned US judge had stressed very wisely quite a few years ago: "Absence of evidence is not evidence of absence."

In fact what during a trial could be classified as circumstantial evidence, with the passage of time would be substantiated clearly as proven facts.

It is a known fact that truth has its ways and means of coming out. The judgment of history comes at a time when least expected and really surprises those who in some way or other had failed, knowingly or unknowingly, to co-operate in the process of justice.

With a serious debate in parliament on the horizon, A Christian Outlook calls the attention of our politicians to what the bishops of England and Wales had said in their Statement - "The Common Good" in October 1996: "Politicians must be especially careful not to use, or to appear to use, their privileged position for personal gain.

"Those politicians who have, by their behaviour, contributed to a climate of distrust must bear some considerable responsibility. Part of the responsibility must also lie with the highly partisan quality of public political debate, where it has become almost customary to attribute the worst motives to one's political opponents. Politicians of one party should show more respect towards those of other parties.

"Those who engage in political abuse can expect retaliation in kind, and they are inviting the public to believe the worst about all politicians of every political persuasion."