The Roy Harper case – Justice was not there for anyone! Analysis and some suggestions!
It is completely clear that justice was not a product of this system for anyone!
Was there justice for Roy – emphatically NO!
Let us look at both possibilities:
- If Roy was guilty of sexually abusing the accuser then justice has not been achieved. He should have been speedily dealt with, found guilty and punished accordingly.
- If Roy was innocent of the charges then he should never have been dragged through a three year nightmare that has cost him dearly in terms of health, finances, reputation and his career.
Was there justice for the accuser – emphatically NO!
Let us look at the possibilities:
- If the woman was sexually abused by Roy then she has not received justice. She has been through three years of turmoil and Roy has not been found guilty.
- If she was making a malicious complaint in order to damage Roy or seek compensation then she should have been prosecuted herself and punished accordingly.
- If she was suffering from an illness that made her imagine she had been abused then she should have received counselling and support.
Was there justice for the public – emphatically NO!
Once again the public has had to pick up the bill for a costly court fiasco in which nobody came out a winner.
Added to that we have been deprived of Roy’s music and presence and seen a much respected musician put through hell.
Verdict
The justice system has failed. It has not dispensed justice to anyone.
The CPS has failed miserably. It should have realised at the outset that there was no case to be brought and not created this fiasco. They have cost the country a lot of money and put both Roy and the accuser through a three year ordeal. The way they have treated Roy has been reprehensible. Are they targeting certain people? Do they take sides?
A Solution
In cases such as this, where there is insufficient evidence to substantiate a case, it is surely preferable to offer Restorative Justice as a solution?
The two parties should be offered the option of a mediated series of meetings, in private, to discuss the accusations without fear of criminal prosecution. The evidence and accusations should be presented and discussed in full. The accuser would have the opportunity to put her case and the accused could put his side. If harm was done then an agreed compensation could be discussed. If nothing else it would be an opportunity to get it resolved quickly and put to rest. Even if agreement could not be reached then at least it has been addressed. Support and counselling could be provided. The accused and accuser would be able to state their sides. It would be over.
It would be cheaper, quicker and more effective than punitive, inefficient court cases where justice is rarely achieved. All the trauma, stress and time would be reduced. In my view the outcome for all parties would be better and justice might be more fully achieved.
A final word
Only Roy and the woman know what really happened. We all have our views on the matter but what is manifestly obvious is that justice has once again been a victim and the justice system has failed. It is outdated, cumbersome, slow and not fit for purpose.
It is time that it is overhauled and brought into the 21st century.
I feel very sorry for all the people who have been traumatised by this process, directly and indirectly. They have been dragged through hell. My thoughts and good wishes go out to them.
It is time to move on and learn the lessons. Let us hope that something good comes out of this and the power-that-be finally sort the rotten system out!
Opher 10.11.2015
I really do not know much about this case but what I do know is far too many women are making something out of nothing. For goodness sake I would get a slap on the bottom, or a quick touch up when I was in the Prudential, I never said a word, it was not meant in a bad way and if it did go too far then you told them so. I remember once I was standing by this lovely man’s desk going through the work I had just typed for him I was about 16/17 completely innocent not long at the Pru and he said to me suddenly “Anna go away, just go” and I asked him why and he told me “because you are being a naughty girl what you are doing to me” all the men on the dept laughed and I had no idea. I asked him if he was alright and got back “not while you keep standing there”! – looking back it was funny. Some women need to take it as a compliment as ling as it does not go too far.
I think that sometimes politics gets caught up in things. Pendulums swing one way and another. We live in different times.
And not always for the better.
So we have to build a new Zeitgeist! We make the next age!