Saturday 4 June 2005

Fair trial

Does anyone ever get a fair trial? The Michael Jackson case has now gone to the jury, and we have had an earful of the Corby debacle. Lawyer Eugene McGee will be in the spotlight again next week when he has to testify before the Kapunda Road Royal Commission. Surfacing again are new aspects of the claims relating to abuse by Bob Brandenburg, an Anglican Church boy's group leader in Adelaide.
That these cases are sensational there is no doubt, does this mean there will be no fair trial? I guess it depends on what you think of the ability of ordinary people to be able to assess the facts. Because that is what juries are, and in a more professional sense that is what judges do for a living, and what Royal Commissioners are commissioned to do.
Clearly one of the things they have to do also is to make some assessment of the influence of the media.
It does seem to me that an argument could be made that it is not these cases that are the problem, but rather the ones that slip under the radar because the media does not actually cover them enough. In our media saturated world it is under-reporting that is abnormal not over-reporting.
I realise this argument is fraught with danger, but I think...on the whole .... we are blessed to have a legal system which is open rather than behind closed doors.

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