End of May, I came across a salacious headline in the newspapers which featured a 36-year-old father charged with defiling his two daughters. There was no way I could have known then that just a few weeks later, one of the biggest perjury cases involving false sexual abuse allegations would explode in the media, leaving most everyone else flabbergasted.
Everyone else but me and whoever else shares my jaded cynicism and instinctive mistrust of child sexual abuse allegations, especially those involving fathers in the throes of separation proceedings.
I had no idea who the unnamed father was, still less did I know details of his marital or relationship status. Within minutes of calling his lawyer, my initial suspicions were confirmed. The accused was estranged from his wife, undergoing separation proceedings and had begun an extra-marital relationship not long before the allegations surfaced.
It might appear irresponsible – even preposterous – of me to discuss a case which is still sub judice, and draw flippant conclusions which seem to put all child sexual abuse allegations in one basket. Unfortunately, much like the story of the boy who cried wolf, several false allegations later, I am inured to the hysteria that these cases provoke and have become uncomfortably numb.
In short, when it comes to the battleground of rancorous separations where abusive allegations are flung around like nobody’s business and used as arsenal, I have resolved to be a doubting Thomas and take the presumption of innocence a little bit further than even I ordinarily would.
I have put off writing about this for years, for the same reasons I have shelved working in the Family Court arena. As far as I’m concerned, there’s far more dignity and honour defending murderers and thieves than there is representing a husband or wife waging marital warfare. It’s an area and subject which at once drains and enrages me, leaving me bereft of energy.
I once received an interesting insight from a judge who still sits on our benches, who happened to pass a cursory remark about how emotionally draining and heart-wrenching working in the Family Court was, and how – given the highly stressful climate – no judge should ever be made to sit in judgment there longer than two years, if they wanted to keep their sanity and judgment intact. I share the same sentiment and apply this across the board – to judges, magistrates and other legal experts who work in family law-related areas.
You see, although sexual abuse allegations often spill over from separation proceedings, they are not actually heard by judges who preside over separation cases in the Family Court. They are heard by magistrates in the same way that other criminal family law matters are.
For many years, one female magistrate had the lion’s share of these disturbing cases – a situation which, to my mind, was highly irregular, given the very distressful and emotionally-charged nature of these cases. One case a day would be enough to fray nerves and emotions. Imagine hearing 40-plus cases in one day, day in day out.
The same is true of criminal law domestics. Maintenance, access, harassment and spousal abuse cases are heard by the same (male) magistrate. Ten minutes inside that courtroom is enough to set my teeth on edge, much like the sound of fingernails on a chalk board. Imagine the mental and emotional strain that comes with presiding indefinitely.
Moreover, in view of the habitual nature of some offences, many who appear before this court are known to the court. What this effectively means is that parties are never really afforded a completely ‘fair and impartial’ hearing.
When you are subjected to the same mindset and magistrate who has seen and heard it all before, barring some fluke procedural error, you’re starting off with a negative balance. Sometimes, what you need is a fresh approach and outlook – a truly objective court that is hearing your story for the first time and is not predisposed or remotely partial.
Going back to the earth-shattering child abuse cases. The real trouble here is that even if you are found innocent and acquitted, life as you once knew it is over and the relationships you shared can never be restored.
Lawyers, prosecutors but especially the courts have a huge responsibility here.
Given the life-altering proportions of a claim of this magnitude, there should be stiff penalties for anyone who files a false report, and that includes abusive lawyers and prosecutors who stoop to conquer – either by doing their clients’ bidding and enabling allegations they know are untrue or demanding a conviction at all costs.
There’s far more dignity and honour defending murderers and thieves than there is representing a husband or wife waging marital warfare
The very recent sexual abuse case of the man who was jailed for two years and released prematurely by the Constitutional Court on account of a recanting, although unforgivable on every conceivable level, is also a blessing in disguise.
That it has now landed a female prosecutor in hot water may finally make the courts understand just how dangerous their ongoing love affair with the prosecution is.
To continue to favour, enable and bolster the prosecution’s case, even in the face of shocking and compelling evidence to the contrary ultimately does a disservice to the prosecution, as we are seeing now.
Moreover, it is ruinous of so many innocent lives – the accused, his family and, of course, the genuine victims of abuse. To say nothing of the ongoing ruin of our courts, which lose their credibility with each passing day.
Whatever the shortcomings of the prosecutorial system, blaming the prosecuting officer for missing something which was in plain view of the Magistrates Court and Court of Criminal Appeal, would be ignoring the much bigger problem and elephant in the courtroom.
If both courts studiously ignored the evidence presented, which not only blasted gaping holes in the prosecution’s case but created reasonable doubts and should never have led to a conviction, then perhaps it’s the justice system which really ought to be on trial here.
michelaspiteri@gmail.com