It has long been the convention to refrain from direct criticism of members of the judiciary.
The reason for this is to protect judges from harm and abuse as they fulfil one of society’s most difficult tasks and to protect them from political and other interference.
But they are not infallible, and on occasion must be called to account. I protest at the words of Justice Andru Isac in the Gisborne court. In judgment on the death of a toddler, he said: “Your background and upbringing, like that of many young Māori men, is marked by violence, substance abuse and lack of education. These are a part of the legacy of colonisation.”
I dispute Justice Isac’s claim and suggest his view is skewed by what he encounters in his court. But I most object to his statement on colonisation.
Even before the arrival of others, Māori had codes of behaviour. Ill-treating children was as abhorrent to them then as it is to people everywhere now.
Globally, most of humanity knows the difference between right and wrong — even though some are perverted by religions or despotic regimes. Some human beings are pathologically different and lack empathy. Some are psychotic. But these are a small minority. Most people try to be decent members of society, despite their upbringing and lack of opportunity.
Everyone — but the psychologically impaired — is responsible and accountable for their own actions. No excuses.
Roger Handford
