Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Pistorius and the lessons for New Zealand

Pistorius and the lessons for New Zealand

March 10, 2014

The process employed to try criminal cases in New Zealand should be continually discussed and debated, a leading University of Canterbury (UC) criminal law academic says.

The global interest in the Oscar Pistorius case illustrates a collective fascination with crime, both its commission and prosecution, Associate Professor Chris Gallavin, Head of UC’s Law School says.

``The case serves as an example of the operation of a system of justice different to our own and, from that perspective, the coverage is a good thing in that it creates interest and debate in our system’ Dr Gallavin says.

``A number of people have said how peculiar they think it is that there is no jury in the case. I usually reply by saying that our concept of law and fair trial is only one conception and not the only conception.

``Apart from the OJ Simpson case, the Pistorius trial is likely to be the most publicised case ever. There is a confluence of matters that make this prosecution so intriguing: from the peculiar nature of the killing itself, to the social standing of those involved, the incredible sporting achievements of the defendant right through to seemingly trivial things such as the attractiveness of both the defendant and the victim.

``Unlike New Zealand, the South African system of justice borrows heavily from a Roman or civil law system of justice. One of the main differences between the systems is the lack of a jury system in South Africa.

``Criminal cases, even serious ones, are heard by a judge alone or a panel of judges sometimes with the use of lay judges who hold no formal legal qualification.

``Under our common law system of justice, where juries are a more or less everyday feature of the criminal courts, we see jury service as an important social service as well as integral to justice being seen to be done.

``With professional judges there is the chance of a more clinical and perhaps legalistic approach to cases, but with juries it could be argued that there is a greater opportunity for a more human approach to criminal conviction.

``While it is difficult to draw comparisons, it is certainly the case that both systems have their strengths and weaknesses and people ought not to view a juryless system as providing all of the answers to the perceived problems of the criminal process in New Zealand.’’

The in-court media coverage maximises the intrigue of the Pistorius case. Although not in the position of allowing a carte blanche right to news media to film and record anything they like in court, New Zealand has come a long way from the role of the court artist whose depictions of in-court scenes were once the only pictorial record allowed to be taken of daily court events.

Professor Gallavin says the New Zealand Media in Courts Review Panel has just released a consultation paper as part of the Chief Justice’s review of in-court television coverage that could ultimately result in significant liberalisation of the rules around filming and recording court proceedings.

``I have no doubt that the Pistorius case will have further twists and turns that will keep the world transfixed on the media coverage, much to the delight, I am sure, of news media providers around the world.’’

Ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

#SaveCampbellLive : Mediaworks Delivered 104,000 Petition Signatures At TV3's Newton HQ
#PonyTailGate #TailGate Full Coverage

Pukeahu Park : ANZAC 100th Anniversary Dawn Service In Pictures

Roughly 18,000 people gathered this morning at Pukeahu Memorial Park for the Anzac day centenary. Anticipating the large turnout, patrons arrived as early as 4.30. It was virtually impossible to get near the Memorial after 5am. By 6, the crowds on Taranaki Street had stretched as far back as the Z Petrol station.

The screens erected around the park displayed the live events to those who had turned up. The heat generated by the huge number of people caused many to take a turn. Medics and ambulances were on hand for the fainting crowd members. Only twenty minutes into the ceremony, one medic said they had already dealt with 15 to 20 spells. More>>

 

PARLIAMENT TODAY:

War: What’s To Commemorate?

Gordon Campbell in Werewolf: Is there anything that can be validly commemorated on this 100th anniversary of Gallipoli? Beyond, that is, a fleeting sense of empathy with the thousands of soldiers killed or wounded on April 25 1915 and in the months thereafter, until the whole thing was finally called off in December 1915. More>>

MORE IN WEREWOLF:

ALSO:

Peter Ellis Case: Minister Declines Request For Commission Of Inquiry

Justice Minister Amy Adams has declined a request from supporters of Peter Ellis for a Commission of Inquiry on the basis that an inquiry cannot be used to determine the liability of any person. More>>

Quakes: New Process For Red Zone Crown Offers

Canterbury Earthquake Recovery Minister Gerry Brownlee has announced a process to give everyone a say on the Crown offers to owners of vacant, commercial/industrial and uninsured properties in the Residential Red Zone. More>>

ALSO:

Gordon Campbell: On The Battle Obama Is Waging Over The TPP

For the past two and a half years, this column has been arguing that the fate of the Trans Pacific Partnership (TPP) deal will hinge on whether US President Barack Obama can win Trade Promotion Authority (TPA) from Congress... Last week, the White House finally, finally unveiled a draft TPA Bill. More>>

ALSO:

Greens: Govt Breaks Free Doctors Visit Promise To Kids

Documents obtained by the Green Party show that the Government decided to fund only 90 percent of doctors’ visits for children suffering from an injury in an attempt trim the cost of the so-called “free” visits. More>>

ALSO:

Other Wars: Extension Of NZDF Commitment In Afghanistan

The New Zealand Defence Force’s commitment of mentors and support staff to the Afghan National Army Officer Academy in Afghanistan has been extended out to December 2016, Defence Minister Gerry Brownlee says. More>>

PM's Press Conference: Auckland Property Prices Increasing "Too Rapidly"

John Key accepted that Auckland property prices 'are going up too rapidly” in a press conference held today in Wellington, however he said that this is not anything new. More>>

ALSO:

Press Conference: ANZAC PMs Concerned About ISIL Bringing The War Home

Prime Minister Key and Prime Minister Abbott spoke of the bond formed between Australia and New Zealand in the “baptism of fire” of Gallipoli. Abbott stated that New Zealand and Australia’s values and interests are linked, and this is reflected in the joint operation in Iraq which will begin shortly. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news