Representing the idea of justice

The old aphorism dictates: not only must justice be done, but justice must be seen to be done.

Every day this newspaper covers the criminal cases before the Dunedin District Court; part of the process of holding to account those who end up in the dock.

It also ensures transparency of the work done by the police, Crown Law, defence counsel and our judges. The public have a right to know how the law is upheld in this city and New Zealand legislation reinforces the standing of the media in court.

However, justice being seen to be done is not simply enough. Justice must be felt to be done.

For more than six years, the dealings of the Dunedin District Court and High Court have taken place in its temporary home in High St. It has been a functional facility but it is essentially an office block with a few court- rooms crammed in. The ceilings are low, the acoustics are poor and the fittings come solely in shades of grey.

There is something about the Stuart St courthouse that oozes gravitas.

Those sturdy oak benches and the original fixtures retained while refurbishment took place, the judge’s elevated position and the stature of the building all contribute to it.

There is something inherently sobering about being inside a building steeped in that kind of history.

Six years of painstaking earthquake strengthening and asbestos removal will never change that.

When someone appears before the court for the first time, a judge will often hammer home their message in a bid to scare them straight. As those words boom around the voluminous new courtrooms, maybe there will be a greater chance of them hitting their mark.

Yesterday, Chief Justice Dame Sian Elias gave a similar take on the issue, far more eloquently.

"The court isn’t just a building of course . . . a beautiful setting such as this is a constant reminder of the community’s expectations and hopes for justice, and it’s a constant spur to all of us to live up to those expectations," she said.

"The magnificence of this restored courthouse is a symbol of that hope and a reminder of the obligations we have . . . to live up to the expectations of men and women whose lives are entwined in the history of this building.

"Justice is a big idea and the symbols of big ideas matter."

In a little over a week, the new building will be fully operational and yesterday’s ceremony — complete with prime ministerial attendance — marked the culmination of six years’ work and a fierce campaign which led to it.

Lawyers, fronted by the immoveable Anne Stevens, in conjunction with the judiciary and others in the legal community, made their voices heard when there was a suggestion the court might be lost.  And this newspaper campagined vigorously on the issue, fearing for the very future of the building itself if it lay idle.

Dunedin is not like most of the bigger centres in this country — there is an emotional investment in our architecture; the shape of the city.

Since the scaffolding has gone up at the bottom of Stuart St, locals have craned for a view over the fence, keen for a peep inside.

Mayor Dave Cull said yesterday: "Retaining this courthouse was not just a parochial argument but the only rational, practical and respectable outcome as well."

But let us celebrate the parochial bent.

Let us embrace the notion we care about our home and, when it is threatened with what we see as monumental changes, we fight to defend it.

Judges, lawyers and court staff have spent years in limbo.

The move back home is not only a celebration for them but for the whole city, because a smooth-running justice system is something universally important.

"The building represents the idea of justice," Dame Sian said.

"It’s bigger than all of us. It’s an idea that grips the human spirit."

Comments

Justice is about reconciling an offender and a victim, and reintegrating offenders with knowledge that evil is not the best way to go. Unfortunately it has become separation of offenders from society and trying hard to ruin their lives and families,and their reputations. If reparation and reconciliation can be done outside of the need for court intervention it is sadly seen as corrupt, when in fact court intervention becomes state interference in private matters. Usually with the presumption that the "state" thinking that it can handle everything better than anybody else in the country.

Justice is about restitution, in the case of property crime, and appropriate 'retribution' for crimes against people.

You go on as if a victim, needing 'reconciliation', somehow colludes with the offender.