THE courts failure to denounce and condemn actions such as the wilful obstruction of a police officer engaged in official duties will have drastic consequences on the rule of law in this country, says High Court judge Justice Aruna Aluthge.

In his judgment on a revisional case involving an Australian citizen who was discharged without conviction for a drunk and disorderly incident on December 31 last year, Justice Aluthge also said it was improper for the magistrate to order the accused to compensate the police officers by way of pizza and soft drinks.

“The real victim of the offence is not the complainant himself but the system he was asked to protect,” he said.

“In other words, the offence the accused had committed in the strictest sense is an offense against the public or State.

“As a matter of public policy for the maintenance of law and order, use of force on police cases like those of domestic violence would be entirely unsuitable for termination by mere amicable settlement.

“There is no moral, not to mention lawful basis for a court to order pizza and juices to a high ranking police officer who was not even involved in arresting the accused.

“Justice must not only be done but appear to be done. Appearance matters because the public’s perception of how the courts are performing affects the public’s confidence in the judicial system.”

Justice Aluthge said the magistrate did not follow the law when he discharged the accused without recording a conviction, and ordered that the January 3 orders by the Magistrates Court be revised and set aside.

“In its place a conviction is recorded,” he said, adding the accused was discharged in pursuant to Section 15 the Sentencing and Penalties Act.

Justice Aluthge pointed out that an accused “who has once obeyed orders should not be punished twice for the same sentence”.