Over the last few months justice has been in the spotlight on several occasions.  In a democratic state there are some givens: innocence until proof of guilt; fair trials; appropriate punishment for the guilty; and protection for the innocent.

On September 11 the Federal Court of Australia ruled that 433 refugees rescued by the Norwegian tanker in the Indian Ocean had been illegally detained and should be allowed to seek asylum in Australia.  The Australian government appealed against the decision and passed new legislation.  The refugees, mainly Afghans, were turned away.

Later that same day, in a different time zone, terrorist acts in The United States had the world recoiling in horror.  No trial took place, but sentence was passed anyway, a sentence that was to claim many innocent lives.

More recently, in the United Kingdom, the man found guilty of abducting, assaulting and murdering Sarah Payne was given a life sentence.  After the jury announced their verdict it was revealed that Whiting had abducted and assaulted a small girl several years ago, for which he had been given a prison sentence of four years.  Although he refused to take part in a re-education programme, he was released after two and a half years.  The judge of the earlier case could see no reason why he should have acted differently.

Two prominent football players were tried for racial assault.  Although racial abuse took place, and an assault, the judge was unable to make the connection.  One player was found innocent of all charges and the other was found guilty of causing an affray.  The innocent player had to pay his share of the £1million legal costs.  Had the defendants not been prominent and wealthy footballers, one wonders whether their defence would have been so costly ~ and so effective.

The British parliament employs a Commissioner for Standards.  When her investigative work uncovered too many irregularities the MP’s concerned started a whispering campaign that effectively undermined her role.   The Parliament of one of the world’s great democracies does not want to be policed.

After taking photographs at an air show, fourteen British and Dutch plane spotters were held in a Greek jail for five weeks on suspicion of spying. They were finally released on bail of £9,000 each when a panel of judges decided the only charge they could face was that of obtaining national secrets.  To emphasise the friendly state of the democratic members of the European Union the Greek authorities refused to accept a banker’s draft for bail issued on behalf of the British government.

Churchill said: “No one pretends that democracy is perfect or all-wise.  It has been said that democracy is the worst form of Government  . . .  except all those other forms that have been tried from time to time.”

The terrorists want to wage war on democracy.  We cannot all respond by chasing after terrorists in caves, but we all have a part to play.  We can defend democracy by upholding its values.  If we want democracy to appeal to states ruled by terror, by force, by fear, we must constantly strive for fairness, and we must mix our justice with compassion and common sense, not with small-mindedness and retribution.