Justice – more than just punishment.
The following article is taken from the rethinking crime and punishment newsletter. It highlights 5 short stories where positive steps have been taken towards reconciliation in our communities. Although the events are tragic, the grace filled responses of those involved are inspiring.
Taking Responsibility
A Tuatapere mother phoned police after recognising a filleting knife and tea towel in a police photograph posted on the Southland Times website. Her phone call linked her son to a sexual attack on two Dutch tourists. The community supported her actions, describing her as a straightforward sort of person, who didn’t beat around the bush and wouldn’t stand for anything of that kind.
Reaching Out
The media revealed that the Minster of Social Development, Hon Paula Bennett, had taken a gang member, the father of her daughter’s child, into her home, while he was on bail on a serious assault charge. She had supported him during the term of his bail, and written letters of support to the Parole Board and the Sentencing Judge.
Keeping the Peace
Senior Sergeant Appley, of the Papanui Police, Christchurch became aware that a rape victim’s mother was planning to ‘stake out’ released prisoner Jack Harris, and do a “leaflet drop”, in Harris’s neighbourhood. The Sensible Sentencing Trust was providing advice as to how this continued harassment could be done legally.
Safe Network chief executive Robert Ford, who works on rehabilitating sex offenders, said leaflet drops placed the offenders under stress, and more likely to re-offend. Sexual offending had one of the lowest rates of recidivism. Offenders like Harris who had completed the sex offender’s treatment programme had a recidivism rate of between 4 and 5 per cent.
“A lot of these vigilante concerns are based on a false assumption,” said Mr Ford. The whole thing had the potential to get out control.
Enter Senior Sergeant Appley. Although it was “not really his role”, he contacted the family, and proposed that if the family trusted him to see Harris into accommodation, he would let them know what area he was living in so they would not run the chance of bumping into him. The Senior Sergeant was a firm believer in the supportive accommodation provided by the Salvation Army, and did not want to see the accommodation exposed to the general public, thus making it difficult for other released offenders to find a place to live.
The family described his actions as “awesome”, and the victim’s father talked about meeting the offender, to find out “what was on his mind, when he did it”.
An Act of Reconciliation
When Karen Aim, the Taupo backpacker was murdered on January last year, her father Brian, an Orkney Islander, declared that he felt sorry for the 15 year old murderer and wanted to meet him. That announcement drew a mixed response, as the TV One video clip shows.
Shortly afterwards, the Sensible Sentencing Trust through a media release in the UK Daily Record, advised Brian against seeking a meeting with the offender , as it would earn the offender a “discounted sentence” – a claim wrong in both fact and law. That was followed by Karen’s aunty Violet Perfect, making a public appearance at a Sensible Sentencing Trust meeting, saying she did not understand how anyone would think that a murderer should expect to be forgiven. She said, “These people are only sorry they’ve been caught … I don’t see what good it would be to even think about forgiveness.”
Undeterred, Brian Aim arrived in New Zealand this month, to attend the murder trial. On arrival, he asked the Police to arrange a meeting with the offender’s family, and eventually to meet the offender and hear from him what happened. Mr Aim said the meeting was “one of my prayers come true”.
Toward Reconciliation and Forgiveness
For those who mourned the accidental shooting of Halatau Naitoko, an 18 year old Tongan, there was no talk of retribution or revenge. Shot by an unnamed policeman during a motorway shootout, the family of this innocent victim had no words of blame and retribution.
Pastor Vosailangi Sikalu’s words were translated as he addressed the congregation and spoke of forgiveness and salvation. “To Mum, Dad and the family, to the Church and to the Tongan community of Aotearoa, my blood is only crying out for forgiveness,” he said. “Even to the beloved policeman who fired the fatal shot, my blood has been shed but is only crying out for forgiveness.”
For some readers, this was an expression of the gospel message of grace and forgiveness, from a devoutly Christian family. For others, the families’ actions were consistent with the principles of ‘Fakalelei’ the process of reconciliation in Tongan culture. Fakalelei involves the offender’s family, relatives and support group visiting the victim’s family, relatives and support group to seek reconciliation in a non-violent way.
In this case, the Minister of Police, Hon Judith Collins, and Commissioner Howard Broad, took the opportunity offered them, by visiting the family, and publicly apologizing to the victim’s for what happened, and the damage done. They acknowledged the anger, frustration, hurt and pain experienced by the victim, the family and relatives. They further offered support by making money available for food and funeral costs. Dialogue will continue between the two parties until such time that all of what is needed to be said is expressed and hence reconciliation is reached. The victim’s mother, Ivoni Fuimaono wishes to meet the police officer who shot her son, and discuss it with him. While the victim’s family has the freedom to accept or reject the apologies made, it is clear that in this case, grace and forgiveness are an integral part of who they are. Through their generosity of spirit, the Police Officer responsible for the shooting will experience redemption and healing, regardless of the outcome of any subsequent investigation.
A Justice that Works
Each of these five stories, illustrate a positive justice. For more practical information, ideas, and discussion on ways to rethink our crime and punishment policy see the Rethinking Crime and Punishment site.
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