We have
abolished the juror system, so this problem with lay persons making legal
decisions is no longer a problem. We now have eminent and learned judges making
legal decisions, very fine men and women with very fine training and education,
people who think law and definitely cannot be influenced by lay persons writing
their opinion pieces in the social media. Or would they? The main media would
definitely not utter rubbish to influence the judgment in court when a case is
in proceeding.
Read this
again for the reasons for sub judice laws, ‘Both statutory and common law
contempt of court are concerned with the possibility that a juror, witness or
lay judge may be influenced by material which is published about active legal
proceedings.’
We have done
away with jurors. There is still possibility of witnesses being influenced by
public opinions. And lay judges? Do we still have lay judges today in our
courts? I have heard of judges, I have heard of lay persons but not lay judges.
This is the first time I heard of lay judges in the above definition from
outlaw.com. Can I safely conclude that our judges, well trained professionals,
are not lay judges?
Is there
really a case to invoke such restrictive laws on sub judice in this smart
nation? A smart nation cannot be filled with stupid people right? And definitely
not stupid judges that will go with the flow… of public opinions. Or at least
people put into authority, especially in the courts of law, having gone through
a tough regime of legal training, can they be easily influenced by public
opinion despite their legal discipline? Or would a simple gag order, forbidding
learned judges from reading the social media to protect them from bad influence
in the social media do?
Have we
advanced as a people, as a nation, to rise above antiquated laws that were
introduced at a time when judges too were not so learned, could be lay judges,
to protect them and the legal system? It would be very serious if our learned
judges of today could easily be influenced by lay people making their lay
opinions.
Are we
regressing as a people, as a nation, to think that ancient laws and practices
are still useful and practical to our highly educated, highly trained and
highly discipline justice system?
Can we trust
our learned judges to be able to distinguish between chaff and the real stuff
in a legal proceeding? Or do we think that the learned judges are just as
fickle as the lay people? What is the brandishing of this sub judice law trying
to say? Would it undermine the integrity and intelligence of our learned judges,
that they need such an ancient law to protect them from making wrong decisions?