The reality of justice

It was a regular weekday morning in August last year when Michael found himself charged (again) with doing the kindy run on his way to work. For some reason that day our ute was laden with parcels, as was his parent’s trailer which was hooked up at the back. When an officer on a motorbike pulled him over, he figured it must have had something to do with the car or  trailer (we were having constant difficulties with the wiring in our boat trailer, were the tail lights playing up again?!).

He was genuinely surprised to find the officer accuse him of using his phone while driving.

Now because of how this all panned out, I’ve had the opportunity to watch the officer’s helmet cam footage and listen to the audio of events. There was no evidence Michael was using his phone in the two seconds (no exaggeration) in which he was in the officer’s field of vision. Luckily, the Magistrate agreed.

Yep, this one went ‘all the way’! (to the local Mags court, anyway).

I won’t relay all the details, but let’s just say Michael spent a decent chunk of time attending court to plead, filing a submission to the Police Prosecutor, and then appearing as a self-represented defendant at a trial that lasted for well over an hour, in which he even had to cross-examine the officer!

The thing that struck me during this whole process (which lasted about 7 months) was how grossly inaccessible the legal system must seem to many people who find themselves in it. Even with several years of law school under my belt, I had to read the summons a few times to work out what on earth was going to happen at that first appearance. Loaded with phrases like “herewith” and “in the forenoon“, it’s hard not to read these archaic documents as structured to bamboozle.

The video footage also shows the power dynamic that exists between police officer and accused. Despite only having a fleeting glimpse of the vehicle from a side street, with the sun causing a reflection on the window that completely blocked visibility, the officer was forceful and adamant about his accusation. Michael – ever polite and restrained, a fact which proved rather important at trial! – attempted to clarify the accusation and discuss the issue. After a few attempts he was told he could “take it to court”. While I’m not suggesting the officer did anything expressly wrong, the power dynamic was clear and the officer used it to his advantage.

Then there’s the time and money. Defending the case took about two full days, and all for a fine worth a few hundred dollars and some demerit points. However if you’re on a really tight income, that’s a horrible choice to have to make – take time off work for multiple court appearances (not always possible and only financially manageable if you get paid leave) or simply cough up the fine. There’s also the vague threat of extra costs should the case be found against you. We definitely contemplated ‘just paying it’, but it really cut deep knowing that it was a completely untrue accusation.  The reality is that there would be many people for whom a fine like this would break the bank.

I know there are vital community services such as Legal Aid available, and this experience makes me wonder how they keep up? Michael and I are both literate, educated and have enough financial stability to make a choice about how we handled this case. He was confident to handle his own defence (and more than a little chuffed to win!). But it’s not hard to imagine how different the experience could have been in different circumstances.

“Justice is open to everyone in the same way as the Ritz Hotel”
– Judge Sturgess

I’m a bit cross with Coles

“I’m a bit cross with Coles at the moment”, my 82 year old grandmother informed me, as we tucked in to the Sunday lunch she had lovingly prepared. “They keep lowering the price of fruit and vegetables!”

As she went on to explain, this means nothing but trouble for farmers and the agricultural industry. While the big supermarkets tussle for Aussie groceries dollars using such cunning tools as the price of milk (because, of course, ‘everybody buys milk’), the impact is felt most keenly by those at the start of the supply chain.

“So I only go the IGA”.

My grandmother Marj is a strong woman with a clear understanding of her values. Despite the obvious challenges an octogenarian may face in changing their shopping habits and seeking out an independent retailer, she was matter-of-fact about the need to make the switch. There was no fuss about it, no ceremony – just the simple truth that the big supermarkets are behaving in a way she finds unethical, and as such she has taken her business elsewhere.

In a matter of 30 seconds, she had managed to outline a powerful, simple formula for ethical living in the modern world.

1. Know how things work :
   Marj wasn’t just speaking from the gist of a story gleaned from a sensationalist newspaper headline. She explained how she had seen a lot about this particular issue, citing Landline and other sources that had helped her to understand what was going on.

 

1. Feel the injustice :
   When Marj spoke about the impact that these strategies were having on farmers, her tone revealed her shock and sadness that anyone could act in such a way towards another human being. It was clear that this was an issue that had an impact on her. Perhaps it was her years as a girl in Mullumbimby, or the countless hours she spent with my grandfather enjoying Australia from behind the wheel. Whatever the inspiration, she appreciated the contribution of Australia’s farmers, and was moved by an issue that is threatening their very existence.

 

1. See where you fit :
   Knowing about it and feeling moved are important – but if you don’t see where you fit within the story, then it’s hard to know what to do next. For Marj, she recognised her role as a consumer, regularly buying fruit and vegetables, and (as is the case for many Australians), finding it quite easy to shop at the local Coles or Woolworths.This is the pivotal point, because if you are well-enough equipped with your knowledge (point 1) and you feel strongly enough about the issue (point 2), then once you see where you fit… that’s the tipping point.
2. Make your change :
   As a pensioner, you might expect Marj may want to save a few dollars here or there. But not when it comes to the important issues, it seems (like shouting her granddaughter a chai latte – but hey, as she explained, “it’s Julia’s shout”!). Seeking out an IGA, changing her shopping habits (don’t you hate having to figure out the aisle configuration, and placement of your particular grocery items, in an unfamiliar shop?), and in the process spending more on groceries – Marj spoke about it as a joy, rather than a burden. After all, she was moved to action and as she saw it, it was a necessary switch to make. The resultant difficulties were not even on her radar.

 

1. Talk it up :
   By bringing up the topic of her supermarket boycott, Marj was sharing her action – her contribution towards increased justice in the world. She did so in a manner that was backed by both information, and passion. To me, this was an action worth sharing, because it has the power to start an interesting dialogue and perhaps compel others to consider similar changes in their own lives. Not all actions need be shared, and it depends on the time, place and purpose of the conversation – but as a general rule, I was struck by the idea that if you don’t share the actions you are taking, you stifle the potential impact of those actions.

The path from being “a bit cross” about something, to taking a personal action, is not always straightforward. But I was inspired by the simplicity with which my grandma presented her own personal experience, and it made me wonder whether perhaps we are sometimes inclined to overcomplicate things in our search for the perfect solution.

Instead, should we concentrate on our own little patch of the world – that sphere within which we have some degree of influence. Is it here where we should be ready, willing and able to make positive change for the betterment of others?

Either way, it’s worth taking a moment to reflect on those things that make us cross, and determining that we are going to take an action – however small – to improve the situation!