De omnibus dubitandum
3 Aug 2012
Today two people were sentenced to life in prison for murdering a young woman. And I believe this is a very worrying conviction.
Iftikhar and Farzana Ahmed are believed to have killed their daughter Shafilea in 2003 as an ‘honour killing’. The problem is that, from what the media has reported, this conviction is based entirely on a single eyewitness testimony.
One of the couple’s other children told authorities, seven years after Shafilea’s death, that she witnessed her parents kill her sibling. Whether or not that is true, we will never know.
Memories are fickle and unreliable things. They are created in an instant, and they are nearly always inaccurate. People believe that what they remember is what actually happened, while in fact what we remember is often a different version of the events as they transpired.
Memories are malleable, ephemeral, and eternally revised. Every time you remember something, you are actually re-creating the memory – and often change it in the process.
Memories not only change over time, they’re also inaccurate the moment they’re created. We don’t remember actual events – we remember our own biased, coloured versions of events. And our perceptions, much like our memories, are incredibly unreliable.
Memories don’t even need to be based on actual events. They can be created without the person ever experiencing anything even remotely close to it. A story you heard, a dream you had, a TV show you watched – all of these things can lead to memories that you will swear are true, while in fact they’re nothing but pure fabrications of your mind.
So I’m pretty sure that whatever Shafilea’s sister told in court what happened, and what actually happened on the night Shafilea disappeared, are two entirely and vastly different things.
No doubt there was a jury that was entirely unaware of the fallibility of eyewitness testimony, and I suspect there was not a small degree of bias present in many jurors – a result of the ceaseless barrage from the tabloid media distrusting anything that even remotely reeks of immigrants and Islam.
I don’t know if Shafilea’s parents killed her or not. That’s not the issue I’m addressing. The issue is that the jury should have recognised they don’t know either.
We have a justice system that allows evidence of incredibly flimsy substance to serve as the pivotal aspect of a prosecution’s case, and ignorant juries to uncritically accept it, with life-altering repercussions for all involved.
And that, I believe, can only be a bad thing.