I suspect most people were happy with the Peter Ellis Supreme Court verdict given some of the alleged victims’ stories were so obviously fantasy. Doubtless they then thought no more about it.
But underlying the verdict which had legal complications due to time lapses and Ellis being dead, was a truly alarming action by the Court’s judges.
This was their illegal introduction of maori customary law (tikanga), used in this case to overcome a technical difficulty.
I won’t trouble you with the details other than to say that what it amounted to was the judges making law. That’s not their bloody role. Laws should only be made by Parliament, or, in other words the people’s representatives and not by self-appointed legislators.
Unsurprisingly only Stephen Franks has publicly slammed this and didn’t pull his punches in writing, “This action should embarrass all New Zealand lawyers as a display of radical chic masquerading as legal reasoning.” Outlining why the court’s action was outrageous and dangerous he added “…they have made without any mandate from the people they now intend to rule, the right to make law. They are judges who want to be kings.”
Frank’s protest is indisputably correct. Will the government do anything about this, such as, to indicate its seriousness, sack the lot of them?
Probably David Seymour may speak up but it’s yet another aspect of the untouchable maori wonderfulness lies destroying our civil society.
Daily our newspapers report maori violence, assaults and criminality. What if one kills and eats his victim, a customary pre-European maori practise? Then he goes through the appeals system, ends up before this lot and claims tikanga, namely that maori custom legitimises his action.
What hypocrisy will they produce to twist their way out of that scenario?
This is a deadly serious matter, its significance probably lost on most folk.
Nevertheless it befalls the government to immediately sack the lot of them and reappoint a new Supreme Court panel. To repeat; the right to make laws is the sole domain of the people through their elected representatives, otherwise known as democracy.
In a perfect world, given the significance of this action which is no different in principle than say a military take-over, Parliament would temporarily bring back capital punishment and publicly hang the lot of them.
POST SCRIPT – Since drafting this I’ve learnt that former MP Ross Meurant came out strongly on this disgrace and so too senior Gallery political journalist Audrey Young, in the NZ Herald. But where’s the Law Society and academics for God’s sake?