Saturday 10 November 2007

The scales of justice ?

What strange laws find their way onto the statute books ! Few would disagree that we have a right to privacy - but it seems that the law has stretched that right to include the right to privacy when committing a crime.

Consider this scenario. You are sitting in a cafe with friends when a car reversing into a parking spot misjudges - hits and damages your car. Your have a clear view of the driver - and you record the registration number. The offending driver hastily leaves the scene.

Not a problem, you would think ! You go to the nearest police station with your witnesses and make a report of the incident. You expect that the police will check that registration number in their computer and give you the name and address of the car owner.

Wrong ! Wrong ! Wrong ! The police tell you that it is against the law for them to divulge that information - because to do so would infringe the privacy of the driver - who damaged your car and fled the scene.

That raises some interesting legalities. The driver who hit your car is obliged under the accident laws to exchange driver license particulars because damage to a vehicle is considered an " accident ". The fact that this did not happen - and the driver fled the scene - involves criminality.

The police - now in possession of facts pertaining to the crime - are shielding the criminal. This could be construed as " aiding and abetting " the crime - or it could be considered " obstruction of justice ".

The crazy thing is that is required of them - by the same law they are sworn to obey !

Now let us look at a reverse scenario.
You are in that same cafe with friends when a masked bandit rushes in, points a gun at the cashier and robs the till. You recognise the voice, note a familiar tattoo on the bandit's forearm - and realise that the crook is someone you know.
The police arrive and you refuse to divulge the bandit's name - even though you admit that you made recognition.

You will very quickly find yourself before a magistrate charged with " concealing a crime " and a whole host of other charges. You will be lucky if you don't end up doing time in the slammer - and yet the privacy laws that extend to the criminal and the police don't extend to you should you choose not to cooperate.

It is evident that many laws on the statute books lack balance - and it is about time that the whole system got a close examination to weed out some of the ridiculous anomalies that make the law a farce !

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