Clayton Weatherston has been found guilty of murdering Sophie Elliot, to nobody’s great surprise, perhaps, except his own.
First thought: good.
Second thought: should this be taken as evidence that the provocation defence doesn’t need to be abolished?
News that the National government has in principle accepted the US request to deploy the NZSAS in Afghanistan once again raises questions as to whether NZ has a dog in that fight, and if so, why it got there. I am already on record in this forum and elsewhere as believing that the NZDF presence in Afghanistan is just on both moral and practical grounds. But many others disagree. That brings up the larger point, which is what, exactly, is (or should be) NZ’s international role? The paradigm shifts and dislocations that followed the Cold War stripped NZ of many of its traditional foreign policy referents, some of which were already being eroded prior to 1990 by the nuclear-free declaration and embrace of market-driven macroeconomic principles. As Lew mentioned in a previous post, trade now appears to be the basis for most contemporary NZ foreign policy, particularly under National governments. I have argued at various times that NZ foreign policy is a mixture of principle and pragmatism, but as of late I am not so sure that the former obtains in any significant measure.
Thus the questions begs: in a fluid international environment such as that which exists today, in which traditional alliance structures and security partnerships have been replaced or overlapped by new trade networks and the emergence of a raft of non-traditional security concerns and policy issues, what role does NZ play? Does it remain a committed multilateral institutionalist? Or is more of a junior partner to a variety of larger countries on a range of selected issues? Should it take the lead in pursuing matters of international principle like the pursuit of non-intervention, disarmanent, non-proliferation, climate change and human rights, or should it wise up and curry favour by getting with the bigger player’s projects, be they Chinese, American or Australian? Does realism or idealism drive NZ foreign policy, and if it is a mixture of the two perspectives, which should dominate given current and near future conditions?
There is a strong isolationist streak in NZ that spans the spectrum from Left to Right, one that sees nonintervention in foreign affairs to be the preferred standard when approaching the international community. In contrast, the trade liberalizers in both major parties and the foreign party bureaucracy speak of trade openings as the end-all, be-all of NZ growth and thus a reason for ongoing and deeper engagement with a multitude of partners. But what happened to principle in all of this, particularly the notion that as a good international citizen NZ has a duty and obligation to support with its active involvement actions that are sanctioned by the UN and other international agencies (the principle that I just happen to believe in when it comes to the foreign policy behaviour of small democratic states)? The ISAF mission in Afghanistan is just one such action, but there are a multitude of others that are seldom mentioned, much less discussed by the NZ political elite or public.
Given the hard economic times of the moment and the folly of recent great power interventions in international affairs, what exactly is or should be NZ’s response to recent international trends, and thus its role in the international environment? Should it lead, follow, be neutral, selective or withdraw when considering its potential range of international commitments? What should be the criteria for foreign engagement, and to what extent or degree? Should certain existing international commitments be dropped and new ones adopted? Should the traditional pro-Western foreign policy perspective shift to a more Eastern view?
I post this simply as a general reminder that the role of NZ as an international actor gets far too little play in the public discourse, yet is one that it absolutely crucial not only to its international reputation and stature, but also to its continued well-being as a small, vulnerable and dependent nation-state. The question must therefore be repeated: what role should that preferably be?
There has been much wailing and gnashing of teeth over Dame Sian Elias’ remarks about the prison muster. Nevertheless, this is what Chief Justices (and their equivalents elsewhere) do from time to time – make pronouncements about the law and the state of the justice system, which carry no policy mandate but tend to get people talking.
I would note that the speech was much broader and more considered than ‘let the prisoners go free’ as it has been dramatised. But that Dame Sian has made a pronouncement so far out of step with government policy and public consciousness demonstrates either a remarkable sense of personal responsibility for the justice system or a desire to legislate from the bench.
There are three ways to slice it:
I’m the first, with Toad and most commenters on Eddie’s post on The Standard. Labour Justice spokesperson Lianne Dalziel is too. In another case I might be the second. Danyl Mclauchlan seems to be either in the first or the second; Idiot/Savant and Bomber are clearly the first; Madeleine Flannagan, herself a lawyer, seems somewhat grudgingly to be in the second camp. Peter Cresswell definitely is.
But it’s tricky; the third is a cover for the second. I think Simon Power and Garth McVicar (along with DPF and some stalwarts of the KBR hang’em-flog’em brigade) are taking the third position for rhetorical purposes when, if they were honest, they’d be defending the right of the judiciary to participate in NZ’s discourse of criminal justice but disagreeing with Dame Sian’s argument in this case – the second position. Dean Knight points out that, when it suits, the government does actually consider the judiciary’s views as integral to justice policy.
If the particulars of the Chief Justice’s speech had been different, I reckon they’d be singing from a songsheet other than the one which reads ‘butt out, you lily-livered liberal panty-waist’. Perhaps the one which reads ‘I disagree with your position but, as the head of NZ’s judiciary, you are entitled to take it’.
The flipside, I suppose, is whether those of us who agree with Dame Sian’s general position today would be supportive of her right to take it if we disagreed. We should be; all of us.
So, the National Business Review has decided to (partially) monetise its interweb presence.
In a rather petulant letter, publisher Barry Colman takes aim at the enemies of journalism and backs his team to be able to make a paid content model work where very few have done so before, and never in such a tight and competitive media ecology as we have in NZ.
Good luck to them. Unfortunately, blaming competitors (yes; bloggers are competitors for reader time and attention) for the (slow) failure of one’s business never made the business suddenly work better, and this sort of competition-blaming is typically the refuge of people who believe they have an ordained right to profits. As Dan Conover says:
(Conover has links in his post, which you can follow if you go there. He was a newsman; now he’s a blogger. Go figure.)
Blame anyone except the industry itself for failing to sufficiently move with the market. But perhaps that’s what Barry Colman thinks he’s doing. There are good reasons behind the decision, chief among which is the importance of maintaining a strong and well-resourced newsgathering apparatus. He’s aware that a move to a pay model needs to be accompanied by a dramatic increase in quality, and posits the fairly reasonable idea that people will pay for it.
The trouble with artificial scarcity is partly highlighted by Cactus Kate:
Good question. If you withhold your best content from the market, you’re cutting off your nose to spite your brand. The imperatives which drive your business conflict: you want to put your best content in front of as many people as possible because it’s the best content (not the ordinary content) which drives your readership and reputation; by locking it away, you hide your light under a bushel so few people know about it, and even if people chance to find out about it (from those relatively few who do have a subscription) then they can’t access it anyway. This is not the way to become a news or commentary source of record. And if you don’t, And if you don’t put your best content up there, then what are you offering again?
At best it seems like this model will rob Peter to pay Paul – that is, the NBR’s ordinary content (and readership) will suffer for the benefit of those few subscribers. This is also what online commenters the NBR site seem to think, and online opinion is predictably scathing.
There has to be a better way.
Edit: I should add that artificial scarcity can potentially work if the content is strong enough. Fairfax’s Australian Financial Review is probably the best daily newspaper in Australasia, and because of its exceptional content, extremely strong commitment to journalistic practice and authoritative market position it is able to dictate such strict terms of access that it causes major headaches for media analysis companies, archivers and researchers. The AFR has no real competition, and that’s what enables it to call the shots. But the NBR is not the AFR – nowhere near, more’s the pity.
Once upon a time quite a long time ago I was involved in the implementation of a porn filter at a public institution. At the time part of my role included “inappropriate use” investigations. I’ve spent far too many hours sifting through web and other access logs, writing up material for handover to the authorities, seizing equipment and seeing the flow on effect of a search warrant executed on someone’s home. I’ve sat across a table from someone I knew and made eye contact while I explained how I had discovered evidence he had repeatedly accessed a bestiality porn site. I wish I wasn’t so aware of just how bad porn has to be before it becomes illegal.
I strongly support voluntary at the border filtering for child porn, if I ran an ISP I would implement it and I would be grateful for any help the government provided. But… the government’s support and actions must be scoped, controlled and open to public scrutiny.
DIA should be doing this, but they should also be doing it right:
Releasing the list of sites would be counterproductive but we do have a right to know what they’re up to. Is their mandate only child porn (2(a) of the definition of objectionable) or the other criteria as well? Who will make the decision? What is the review process? Will any monitoring be undertaken? Could that trigger an investigation? Will they guarantee it is only objectionable material? Is there scope for political interference? What does “voluntary” mean? Will there be negative consequences for ISPs that don’t opt in?
I totally support DIA’s stated intention, but the way they are approaching it is just plain wrong.
Posted on 17:06, July 15th, 2009 by Pablo
Following on the theme of my posts on the Honduran coup, but from a different angle, this month’s “Word from Afar” column at Scoop: http://www.scoop.co.nz/stories/HL0907/S00170.htm
… to reuse a proper old-fashioned consonant headline.
This Stuff title could have read “Bigger than Potter”, to better match the more-famous misquote of Lennon’s statement about Jesus, or better yet, could have stolen the headline best employed by the promoters of Twilight: Hotter than Potter, because ultimately that’s what this story (and image) are about: Emma Watson as the new see-brainy-girls-are-hot-too icon.
The choice of secondary image in the story itself (at right) possibly hints at a different characterisation: quirky, awkward-but-in-a-cute-way, ordinary, unthreatening.
Watson might have better career prospects according to her fans but I reckon Daniel Radcliffe, by taking on serious and apparently demanding adult roles such as Equus, has made stronger moves to avoid ending up typecast.
It seems that life after Potter will be easily more interesting than the series itself.
[I just wrote a rather long comment at The Hand Mirror about battered women and provocation, in response to people suggesting we need to maintain the partial defence of provocation to protect battered women. I am reproducing it here as it shows that the provocation does not help battered women, in fact it only protects their abusers]
The Law Commission has done a lot of work on this, and it appears that the provocation defence is not of value in “battered women syndrome” killings, so we lose no protection for women victims of domestic violence by repealing it.
The Law Commission did a piece of work which focussed solely on defences for battered defendants completed in 2001 (Some Criminal Defences with Particular Reference to Battered Defendants – NZLC R 73. It shows that provocation is not an effective defence for battered women, and even that it has been successfully used by a perpetrator of domestic violence.
In R v Tepu a man successfully used provocation as a partial defence when he beaten his wife to death – her provoking act? going to the Police when he severely beat her
Partly in response to recommendations in that report the mandatory life sentence for murder was abolished in 2002, and judges have sentencing discretion for battered defendants.
From 2004 to 2007 the Law Commission did work specifically on provocation (The Partial Defence of Provocation) resulting in a recommendation for its repeal. As part of that they rechecked there would be no disadvantage for battered women and, in fact, did some handy stats.
Of the 81 homicide trials they looked at (2001 to 2005, Auckland and Wellington) in 15 provocation was used as a defence. In only one of those was provocation used as a defence by a woman. In that case, while the killer had experienced domestic violence, she killed her husband because he said he was leaving her. I won’t copy the description here (see p103 of report if you really want to), but it’s exactly the kind of killing-someone-because-they-say-they’re-leaving that we shouldn’t allow to be called manslaughter.
So there were go, the Law Commission has worked really hard on the issue, and provocation is not helping battered women who kill to protect themselves.
Having returned to my Asian redoubt after 5 weeks in the USA at the family homestead, I can now take stock and reflect on the tone and tenor of American public discourse. Every time I make the yearly pilgrimage back to my native country I notice changes in how people phrase the moment. A few years back, when Dubya was leading his crusade against evil-doers, it was all about “bring it on,” and “opening a can of ass-whuppin.” Last year it was about, paradoxically, ‘change we can believe in” and “being thrown under the bus.” This year’s social motif is caught in the phrase “it is what it is.”
From public officials, to celebrities to the (wo)man on the street, the answer to most thorny questions or complex issues is captured in that phrase. This is remarkable because normally Americans have a strong sense of optimism and unbrindled faith in controlling their own destinies. But the public mood this year is one of resignation and fatalism, if not powerlessness and pessimism. People appear universally resigned to being pawns in a larger game, to be at the mercy of “powers that be,” to being unable to shift the course of their lives based on hard work and idealism alone. Cynicism abounds, apathy is on the rise once again, and people just expect to be disappointed by their leaders or do not expect much from that at all. Somewhat perversely, this debased threshold of consent gives the Obama administration added cushion or leeway when pursuing its policy reforms–anything it manages to accomplish in the policy field will appear to be unexpected and seemingly heroic. Coupled with Obama’s personal charisma, this means his administration really has to do very little in order to impress the mass public.
For the moment the dark mood is pervasive. When asked about personal indiscretions or ongoing subservience to corporate interests (most evident in the stilted debate on national health care), politicians reply: “it is what it is.” When asked about lawsuits, deaths and scandals, celebrities reply: “it is what it is.” When asked about job losses, foreclosures and stifled dreams, average Joe replies “it is what it is.” When asked about the utility of either of the the two wars the USA is fighting, the universal response is that “it is what it is.”When asked if Sarah Palin’s resignation speech was drug-induced or merely incoherent, the reply inevitably is “it is what it is.” This is the 2009 version of the 1970’s adage “s**t happens.” In each instance the point of the phrase is not only to convey resignation; it also signals an end to the conversation on a particular subject.
There also has been is a signal turn in the American social psyche. In a country that already saw little value in public intellectuals and critical discourse, the turn symbolised in this one-sentence fatalism is a sign of despair. It also may be a sign of social rot.
In that spirit I am compelled to ask a few questions myself. Why is it that the Republican Party is the party of moral hypocrites, racists and corporate thieves? What happened to the party of Abraham Lincoln and Nelson Rockefeller? Why does it not have any responses or initiatives to counter the Obama administration’s projects on a variety of fronts? Why does it continue to cater to religious extremists, social bigots and media charlatans? Why does it allow Dick Cheney, of all people, to be the defender of the faith? Why is it mired in McCarthyite fear of “socialism” or “communism?” Why does it deny any wrong done by the Bush 43 administration, be it the constitutional subversions of the “war on terror,” the trillion dollar national debt, the national financial melt down or the erosion of US international prestige and power? Why does its de facto leaders openly call for Obama’s downfall, in an abject display of disloyal opposition? Why does it not see the need to undergo serious self-examination and rejuvination along new ideological lines given the abject failures of the Bush 43 administration and the electoral massacre suffered in 2008?
All of this is the stuff of Democratic dreams, and short of arrogance born of unchecked power, the Democrats pretty much have a free run through 2012 (and beyond) so long as the Republicans continue to pursue their 1950s Barbie and Ken dreams in a country where Barbie is increasingly of mixed race and Ken just might be gay. Therein lies the problem, because devoid of a real political opposition that offers substantive alternatives on matters of policy to them (and which extend beyond the tired opposition to abortion and gay rights), the Democrats will, inevitably, succumb to their own greed and indifference. We might call the latter the Clinton syndrome.
The question then is why, in an age of fatalism, the Republican Party does not respond to the challenges of the moment in something other than retrograde fashion?The answer it seems is that it is what it is.
Posted on 06:47, July 13th, 2009 by Anita
I won’t even try to compete with Queen of Thorns ability to express (out)rage, so this is after several deep breaths.
Is Detective Senior Sergeant Paul Borrell seriously intending to say that women are responsible when someone sexually assaults them? And that addressing rapists’ behaviour is not the way to prevent rape?
To be fair to him, he does go on to say that
So apparently it’s not entirely the young victim’s fault, it’s also the responsibility of her friends and (yay) the rapist’s friends, oh and pretty much everyone except the rapist (whose behaviour is apparently unpreventable).
I’ll leave the final words to Helen Sullivan, Wellington Sexual Abuse Help Foundation general manager, who says what the Police should have