Elusive justice

LETTERS FROM THE AGNO
March Fianza

It captured the country’s attention. I cannot help but make my own comments on recent developments in our Justice system that occupied news headlines.

Contrasting remarks about the acquittal of people accused in a bloodbath in a posh Paranaque neighborhood in 1991came out in the news.

The father and head of family whose wife and children were killed while he was living in the United States said his brood was murdered twice with the acquittal of the accused.

On the other hand, the relatives of the accused were thankful to the SC decision that described the lone witness’ testimony as incredible. At the first instance, her testimony was given weight by the trial court and that took away 15 years of the accused young men’s lives.

It looks fair and unfair at the same time. It looks fair after the acquittal but unfair too, since the first judgment sent them to jail for 15 long years, only to be released after court scrutiny found out that there was something wrong with the testimony of the witness.

For the victims in the massacre, they were expectant of a verdict favorable to them but it was the other way around. That is painful, not because the accused were not found guilty but that the perpetrators remain free.

In one TV teledyaryo program, the anchor person asked a lawyer employed in the SC why it takes so long for cases to be decided upon or dismissed. The lawyer said that such is the time frame for sensitive cases.

The man behind the microphone said: “some cases are even followed up and played up in media and yet the courts are taking so long. What more for cases that are not treated with publicity?”
But that fact, to me, is precisely the answer -- that even with publicity, the courts cannot go any faster. There are other factors that have to be considered aside from the skill of talented lawyers who can really delay cases.

Questions in the media were asked why it took 15 years for the courts to discover that a witness was incredible. That too, according to the SC lawyer is within the process.

Such is the process of justice through the courts. Litigants and their counterparts are given the wide option to appeal decisions and have the freedom to hope for what they expect.

But if a decision is arrived at contrary to what is expected, the losing party should not take it against the justices, otherwise we should no longer waste time, effort and money by appealing our cases. And all decisions handed down by the first court will all be final.

And I believe everybody will agree that it will be very unforgivable if the court decides that persons who are wrongly accused are convicted or if persons who are guilty are acquitted, much less brought to court.
***
We do not have to look far. In our own backyard we have seen friends and close acquaintances who have been wrongly accused of things they never committed. Some of them even continued to serve prison terms.

I remember one time in the late 70s, city cops intentionally or by mistake picked up a neighbor who was later accused of pushing illegal drugs. His case was not satisfactorily heard in court.
The man in his early 20s spent five years in the city jail and another three years in Muntinlupa because he had no means to fight his captors. He died last Christmas without seeing justice.

There is no doubt that there are many more like him who were wrongly accused of crimes they did not commit. But what can we do? We are only human and even local court judges and Supreme Court justices commit mistakes. What we do not know is if these mistakes are intentional or not.

Merry Christmas to all. – marchfianza777@yahoo.com