On 01 December 2018 a 22 year old English tourist named Grace Millane disappeared in Auckland. For a few days hope was held that Miss Millane might be found alive and that she had simply got lost or gone walkabout. These hopes were dashed on 07 December when the New Zealand Police announced that they were looking for a person of interest. Several hours later, they announced that this person was under arrest. Then yesterday, the worst fears were confirmed: the case had been upgraded to a homicide inquiry and the suspect was charged with her murder.
Right from the start on social media, especially on Facebook people hoped and prayed for her safe return which is completely understandable. When it was announced that the suspect had been charged with murder, the hopes and prayers not surprisingly turned to anger. People have every right to be horrified and angry that it happened in New Zealand, a country thought to be safe for people to visit. They have every right to want want justice for Grace Millane.
But the number of people who are trying to be the judge, the jury and the executioner before the accused is even brought to court is quite serious. The number of people who think the accused is guilty before any plea has been entered tells me that many don’t care about due process and I wonder if they even know what it is?
I have been criticized by many on Facebook for insisting on due process, but I make no apologies. I want justice done, but it is not going to be done by social media. It needs to happen under a court of law before a judge and – if this goes to trial – a jury.
So, let us look at what sections of the relevant legislation deal with due process in a legal setting.
A person detained or arrested by the Police or other arresting authority has rights under Sections 23-25 of the New Zealand Bill of Rights Act, 1990. Section 23 rights deal with the period immediately after being arrested. Section 24 deals with those who have been charged with an offence – this is where I think the Police are probably at with the suspect in the case of Miss Millane. Section 25 deals with the rights of someone being sent to trial.
As for the victim of a crime, their rights are set down in the Victims Code. The victims code is covered under the Victims Rights Act 2002. I assume that New Zealand Police are applying this to Miss Millane’s family who must be going through the most harrowing moments of their lives at the moment, sick to death at the thought that their daughter is gone.
But due process exists for good reasons and are a mark of a functional justice system in any first world country. That includes New Zealand.
So, let us put this suspect to trial. Let us find out what happened, whether he had accomplices who assisted and whether any evidence has been destroyed in an attempt to pervert justice. Let us find out about Miss Millane’s final hours, and why – just assuming for a moment it was him – he was driven to murder a tourist on holiday in New Zealand.
But above all, let us give due process a chance to run its course, because if it turns out there were other people involved, then the blame is not totally on the accused. If there were other significant circumstances involved we need to know about them. Let us do this properly so that two things happen:
- The perpetrator or perpetrators are tried, sentenced appropriately
- Miss Millane’s family get the justice that they totally deserve
Neither can happen if due process is not followed.