...yesterday, Court of Appeal judges criticised the decision arguing the system had failed in Mrs Kirk's case.
Lord Justice McFarlane said the process had been "mechanical" and added: "No-one at any stage of it has stood back and said 'what are we doing here? "Sending this 71-year-old lady to a six-month prison sentence in order to achieve a welfare benefit for (the elderly man)'?"
Sir James Munby, the judge who headed the appeal panel, concluded by saying: "She is to be released forthwith. The system has failed in this case."The system hasn't failed. The individuals who pursued this case and the judges that ruled on her at the first trial have failed.
And, since there's no consequences for them, they are free to do it again. So if anything needs 'fixing', it's that.
6 comments:
Sack all those involved at Devon County Council and find a law with which their malicious abuse of authority, public funds and dereliction of common sense can be charged. Totalitarians!
The justice system is about flawed individuals passing judgement on flawed people and flawed situations. We should never accept that the justice system serves those it judges and those they are in office to protect well enough to be beyond criticism. It does serve society reasonably well without which society would be much the poorer for it. However we must be diligent in our scrutiny of it and publish every questionable action of that system. We do not do it enough. There are too many lone voices exposing it's inadequacies. So the system is becoming more corrupt and inefficient. It appears to have improved substantially over the centuries but I fear that has peaked and it is now in decline. Standards and values are falling alarmingly.
Including, it seems, a qualified Judge
"However we must be diligent in our scrutiny of it and publish every questionable action of that system. We do not do it enough."
But Antisthenes, the system of secret courts ensures that we can never do it anything like enough, as the cards are so stacked against us.
@TT. Anna Raccoon as well as JM have done a lot to expose the secretive child protection courts and other malpractices especially that being done by our police. They have a large following but in terms of population it is minuscule. Just one lone voice screaming against any PC incorrect word or practice and it is splashed allover the papers. The inconsequential takes priority over the really important matters like how dysfunctional our public services are from the NHS right across the board. Social services, justice, police services the list is as long as the list of services provided by government.
"Sack all those involved at Devon County Council..."
They are more likely to be promoted... :/
"...the system of secret courts ensures that we can never do it anything like enough, as the cards are so stacked against us."
You can't fight something you can't see...
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