Having both been a witness in a case and been involved in the process in another capacity also, I am under no false illusions that verdicts are reached with rigour and fairness.
The time I was a witness I was astounded at how much rests on BS, sleight of hand, false assumptions, and complainants’ inexperience with the system.
In my case I had witnessed a crime against someone I knew and made a 999 call.
In the run up to court, we didn’t coordinate our stories or even talk about the event. We were telling truth so (naively) thought this would be enough – and as is normal, on the day we were fuzzy on some minor details and had slightly different recollections.
By contrast, the defendants had been coached to all parrot the exact same barebones story. This, I gather, is viewed as more reliable recollection, but is based on the false assumption that a group of 4 people truthfully recounting an event from a year ago will have zero deviation or inconsistency between their stories.
When I gave evidence, the defence lawyer completely blindsided me by suggesting that I hadn’t been there at all – it was such a side sweep that I didn’t even think to point out until afterwards that it was me who made the 999 call, which could have been easily checked. No one pointed this out or questioned what he said, and we had not been warned beforehand (by our duty solicitor we met the same morning) that this is the sort of tactic we should be prepared for.
The process was obviously weighted in favour of the people more familiar with the environment, ie the guilty and their lying, cynical lawyers.
In the courtroom and the corridors afterwards, the guilty parties (who had been found not guilty) smirked and sneered at us before going off for a pint.
It was honestly a horrible experience which actually felt humiliating and bruising if I’m honest. It was nothing like the seriousness of a SA case, and I was just a witness rather than the victim. So I cannot even begin to imagine how traumatic it is to take someone to court for sexual assault or rape.
Sadly, being found not guilty does not mean someone did not commit the crime.