Police were criticised for charging the man whose tragic error led to his son drowning after the vehicle the father had been driving rolled into Lake Dunstan.
We might ask why they can’t have discretion in cases like this, but I do understand the danger of giving police the power which belongs to a judge and/or jury.
Judge Blackie who discharged Ashish Macwan without conviction made that point:
At his sentencing today Judge Blackie said he agreed with Macwan’s lawyer that his “carelessness was minimal”.
The police did not oppose the discharge without conviction and Judge Blackie said it was right for the police to bring the matter to court.
“It is not for the police to decide the outcome, but the court.”
That is a just outcome for a tragic case.
No punishment could be greater than the knowledge that Macwan’s carelessness, however minimal, led to the death of his son.
But that decision should be the judge’s not the police’s.