OPINION: We have separation of powers for a reason

The Easter story in the Christian faith talks of sacrifice, servant leadership and salvation for humankind. An innocent man (God's son) was sacrificed to substitute for humankind's sinfulness.

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That's why we've had a special long weekend. Something worth celebrating and commemorating.

The historical Biblical account tells of the mob welcoming the Messiah with palm branches and treating him like a king, to only one week later turn on him, urging the authorities to crucify him. Pretty ugly stuff.

The authority, Pontius Pilate, was too scared of the mob to do the right thing.

He did have the courage to say he found no fault with Jesus but when the crowd bayed for blood, he figuratively washed his hands to sidestep his responsibility and as a result did not do justice.

Instead, in a moment of weakness, he handed Jesus over to be crucified although he had doubts and believed in his innocence.

Irrespective of whether we believe the Christian doctrine of salvation through Christ's sacrifice, at Easter we can surely all agree that an innocent man was falsely crucified.

Over the centuries, we in the Western world blessed with Judaeo-Christian foundations for our society have developed a more sophisticated legal system that seeks to do justice objectively on proven fact.

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It's also based on the principle that 10 guilty people should walk free than to convict one innocent person.

This is one of the many legal principles that have evolved over the centuries which serve to protect us all.

Fast forward 2000 years and it seems that we've had a trial by 'mob' in several high-profile cases.

We've witnessed it in cases where public figures have stated as fact that a crime has been committed before the police have even laid charges.

Let our society never descend into public/elected officials determining whether people are guilty/innocent or ought to be charged. (They are the hallmarks of a police state). That is why we have the separation of powers - another evolved doctrine which helps protect us all.

An independent police force determines whether charges ought be laid.

If serious, the independent Director of Public Prosecutions decides where the matter is to be taken to trial.

And ultimately, our juries and judiciary hearing all the evidence and the cross-examinations determine the guilt or otherwise of an accused. We then have a series of appeal steps to double and triple-check that the system is not miscarrying.

The Lindy Chamberlain case comes to mind, in which everyone had a view. And misdirected, one suspects, on less than robust expert advice, the jury convicted.

While, later overturned with a new set of expert information, it is hard to understand how the jury convicted on the evidence.

It seems other factors may have been at play. Currently, the Tasmanian population awaits the outcome of Sue Neill-Fraser's case which has heard and tested evidence from many a source.

One day it seemed one particular piece of fresh evidence may lead to a new trial being granted, only to have it collapse under cross-examination.

As to the rest of the submissions, we await the court's determination.

Possibly the most infamous case is that of Cardinal George Pell. Many books and articles have been written and airtime clogged with views and opinions.

In the end, the sole dissenting voice of Justice Weinberg in the Victorian Supreme Court was upheld by an exceptionally strong, blunt seven-nil determination by the highest court in the land - the High Court of Australia.

One also wonders how the jury initially convicted and the Victorian Supreme Court was so blind to the obvious which was so eloquently articulated by the seven High Court justices.

Our legal system can be lengthy, tortured and frustrating. And yes, it has its faults because humans are involved. But, a bit like democracy, it's a flawed system but for all the others which are so much worse.

Besides its message of hope and triumph over darkness, the Easter story tells us the tragic consequences of those in authority refusing to do what is right and principled in the face of a baying crowd.

Community leaders especially have a clear responsibility as do each one of us so we don't end up as part of a baying crowd with all the horrid consequences.