Author: Gawaya Tegulle. PHOTO/NMG
Fate has a good sense of humour: for the first time in my life, a High Court judge stood up for me - usually it’s the reverse when we are in court. But it didn’t in any way make me feel important, since I had no way of knowing that the very lovely young lady, in a white jumper and black tracks, her hair nice and straight up, was a judge.
She was on her way to the US, I later learnt; and I, to a little village near the North Pole. And as she had an aisle seat on the Airbus, she had no choice but to stand up the moment I indicated that the empty seat next to her was mine.
She immediately asked if it was okay for me to take the seat after the empty one, explaining that the young girl in it was on her very first flight and was under her care. I didn’t believe a word of it; journalism school trains you to be highly skeptical of all you hear .
I felt there was something she was concealing. My suspicion was confirmed by the fact that, for the guide or mentor she claimed to be, I noticed she said very little to the girl. My hunch was confirmed when, on reaching Amsterdam, she confessed that she was a judge and had felt that it wouldn’t have been proper or ethical for her to be seen flying, seated side by side, with an advocate.
She then melted into the hundreds leaving the plane. Sheer fate that a judge and an advocate had been allocated seats next to each other; it doesn’t happen, even in Jeffrey Archer’s fiction novels. But the encounter gave me a chance to reflect on a critical issue: how many judges will survive Judgment Day?
At a time when the Museveni administration has desecrated the Temple of Justice with some questionable appointments and undue influence, leading to some bizarre court decisions, do the learned members of the bench ever pause to appreciate that they too have a power much higher than the President, to whom they are accountable?
The Bible lays down the law for judicial officers: as magistrates and judges, they take the place of God in the sense that they hold the destiny of people, entire families and communities in their hands.
The way they conduct court and the decisions they make must honour the Lord –the ultimate Judge who takes pride in exercising righteousness in all His judgments.
In the end, even judges will be judged – at a higher standard than ordinary folks. Proverbs 11:1 and Deuteronomy 25:13-15 tell us that false weights and measures are an abomination to the Lord: the judge whose court dispenses unfairness invokes the wrath of God, so the scales of justice must always balance. Luke 18 shows the Lord knows a good judge from a bad one; that should make judges tremble!
Deuteronomy 16: 18-20 provides that judicial officers shall judge justly, without fear or favour, without taking bribes and must do what is right and just, so that they may live long lives and inherit what God has for them. God can cut short the life of an unjust judge. Deuteronomy 17: 4-7 and 19:16-19 provide that judges must not be lazy.
They shall inquire diligently in every matter and establish truth – beyond a reasonable doubt. They shall severely punish perjury and ensure corroboration of evidence, especially for serious offences – a rule also confirmed in Deuteronomy 19:15 and 2 Corinthians 13:1.
The death sentence must be only in extreme circumstances and where the guilt is clearly seen. Deuteronomy 17: 8-13 warns that for matters extremely sensitive, court must go slow and make diligent inquiry, including seeking the Lord for guidance both in verdict and sentencing.
Tough sentences shall be required from time to time so that people shall hear and fear breaking the law.
But I think her lordship was unduly circumlocutory: if she had identified herself as a judge and ordered me to take the other seat, counsel would have deemed that an order of court – and obeyed.
