South Africa's coming trial of Oscar Pistorius will certainly attract headlines world wide. The " Blade Runner" is famous way beyond sporting circles and this judicial forum is set to launch careers in the arcane world of horsehair wigs, gowned barristers and terminology from a distant century.
What a curious circus we hold when the fate of another human being goes before the courts. A judge sits on a high dias and has the task of deciding what matters can be fairly put before a jury of twelve of the accused's fellow citizens. The terms of reference are dictated by precedent. What has been decided in previous courts becomes the basis for the protocols that will be imposed at this trial.
Two legal teams take opposing tables before that judge and because of the adversarial nature of a court trial, this is a war in which no prisoners are taken. The guilt or innocence of the accused is immaterial. One counsel has the task of convincing the jury to acquit - and the other has a mission to secure a guilty verdict. It is a game of tactics. Both sides try and destroy evidence that imperils their case by using innuendo or bringing in witnesses of a different view. Tempers fray and language becomes heated. In many cases, the fray is more between counsel sparring for public attention than the merits of the case before the court.
The personal rewards of victory in a high profile case are huge. A defending counsel with a string of wins becomes sought after and commands high fees. Eventually, such success may cause fellow lawyers to confer the title of " silk " - and from there the rewards of office include fame as well as monetary riches.
A leading prosecutor is usually a public employee, but a pecking order exists in the public service and high office is well rewarded. It is not unusual for those who provide outstanding service on either side of the prosecuting/defence divide to eventually move on to the higher standing of becoming a judge - and some may even attain a seat in the nation's high court.
The Pistorius case will be evenly matched. The South African government will bring forth it's best and brightest prosecutor, and the Pistorius sporting fortune will ensure that his defence counsel comes from the highest ranks. The main problem will be to find a jury of twelve people who have not been exposed to the lurid media coverage that is preceding this coming trial.
No doubt the public interest will be intense and the outcome will be eagerly awaited. Unfortunately, there will be other cases in many other courts that will escape this scrutiny. In particular, cases where a person of little consequence has committed a crime that has attracted the attention of a senior prosecutor - but the plaintiff has been unable to afford representation beyond that of " the public defender ".
Usually, this involves a lawyer fresh out of law school with little court experience. It becomes a David and Goliath type contest - with an inevitable result. Sadly, many people fall through the cracks of the justice system - but so far no better system has managed to catch the public attention !
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