Restitution Works Good Fruit

Restorative Justice

Restitution and forgiveness can work reconciliation and healing in a way that nothing else can.  Such things, however, do not go down well in the Gentile world which is often riven with enmity, anger, bitterness, and a relentless drive for vengeance.  But God has told us that He has reserved vengeance and retribution to Himself.  He has not  delegated that right to man.  "Beloved, never avenge yourselves, but leave it to the wrath of God, for it is written, 'Vengeance is mine, I will repay, says the Lord.'" (Romans 12: 19)

When the judicial system and society generally get this right, when it conforms more closely to biblical truth, the outcomes can be uplifting and genuinely restorative.  An example of such appeared lately in New Zealand newspapers. 

A man was towing an overloaded trailer.  It jackknifed and killed a motorcyclist.  The online newspaper, Stuff reports:

A grieving nurse moved a courtroom to tears as she delivered a powerful statement of the power of forgiveness to transform hate into healing.  Hera Edwards' partner of 10 years and the father of her three girls, Ricki Cobb, died when he was hit by a jackknifing trailer towed by Donald Stewart Wills, 64, near Greytown, on November 5, 2011.

Yesterday's sentencing hearing in the Masterton District Court followed a restorative justice process.  The victim impact statement that Ms Edwards read out in court yesterday was hailed by Judge Bill Hastings for "rising above the aura of hatred" to produce instead the "healing power of forgiveness".

Donald Wills had been through a restorative justice process (see below) and had determined to do what he could to Hera Edwards and her three children, left fatherless by the death of their loved one.

Judge Hastings read out a paragraph of a letter Wills wrote offering reparation for emotional harm totalling $25,000. Of that, $10,000 was to be paid into a trust fund set up for the education and welfare of Mr Cobb's children, with the rest in cash. Police prosecutor Gary Wilson said outside court that this was "far in excess" of what would normally be ordered by the court in such a case.  Wills, an engineer, of Morrisons Bush, also promised to supply frozen meat and produce to Ms Edwards, 35, and the family on an ongoing basis.

A salutary thing in this case--which the judge highlighted--was the willingness of Hera Edwards to forgive the man who had brought so much pain and damage into her family.  She made a conscious decision that she would not allow the hurt to degenerate into self-destructive bitterness.  She consciously rejected the easy descent into victimhood--for the sake of her children and in honour their dead father.

In her statement yesterday, Ms Edwards thanked Wills and said she would accept his offer "because of the children" - daughters Lexus, 9, Rhion, 6, and Huntah, 4. "We didn't ask for anything," she said. "But I accept [the offer] particularly for our youngest child, who has no memories of her daddy."

She told Wills: "We come from different worlds, you and I," but she had seen the good in him, and forgave him in the name of her partner: "Ricki was a good man, who had the capacity to forgive." Outside court, Ms Edwards said the children were too young to understand entirely what had happened, but she hoped they would grow up seeing the outcome as a lesson in not giving in to pain. "It's not about forgetting any of it, the hurt and pain and what happened. But you can hurt without it turning into hate."

No doubt the restorative justice system (where the guilty and the victims of crime meet together, often in the context of families, to seek appropriate remedies for hurt, damage, and harm) sees lots of failures.  But when it bears fruit, the results are way beyond what vengeance and retribution can ever achieve. 

Judge Hastings convicted Wills of careless driving causing death, disqualified him from driving for six months and ordered emotional harm and ongoing support reparation according to the terms offered.  Wills and his wife, Jeanette, who have five adult children, said the experience of restorative justice, which in their case was facilitated by Presbyterian Support Service, had been positive.

"The mechanism is there, it's independent, and it allows people to say what they think and to share. It's a vehicle to allow the emotions to work their way through the different steps.  "The restorative justice people are there to facilitate and be a neutral vehicle in a safe environment for both parties."

However, he and his wife said they wished the encounter with Ms Edwards had occurred sooner. "I wanted to do the best for her and her family, earlier rather than later, and somehow it wasn't easy to do." He hoped the process could become more flexible. "Every situation is different, and it needs to be flexible and fluid enough so that anyone can figure out [a solution] for themselves."