Wednesday, September 7, 2011

Extraordinary statement–how does this work?

In describing the denial the appeal of Roger Moses the Herald reported this from the sentencing proceedings:

In sentencing the men Justice Heath said their offending did not involve any element of dishonesty, rather the performance of directors was inept.

While in my view there were various reasons for which the activities of the defendant which might very well warrant a jail term and the upholding of law and order is a praiseworthy objective, sending people to jail for ineptitude seems strange indeed.

On this basis half the population ought to be inside. The rule, down through the centuries has ever been that one is allowed to make mistakes, make errors of business judgment, even make a thorough going muddle of the relatively straightforward.

One is not permitted however to break the law or commit crimes.

To move outside or away from this time honoured principle and commence instead to make judgments about what is and “ineptitude” and jail people on the basis of that judgment requires supreme and dangerous arrogance.

It is to be hoped that the elements of the conviction which led to jail were not those of apparent ineptitude.

Brent

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