“It is essential that justice be done, and it is equally vital that justice not be confused with revenge, for the two are wholly different”: Seneca.

Seneca, or Lucius Annaeus Seneca, was a renowned Roman philosopher, statesman and playwright, widely known now for his Stoic philosophy.

Stoicism teaches the development of self-control as a means of overcoming destructive emotions; the philosophy holds that becoming a clear and unbiased thinker allows one to understand the universal reason (logos).

Seneca’s thoughts are recalled following the comments by Senior Justice Vui Clarence Nelson in a recent case in the Supreme Court.

His Honour noted that neither defendant was present at the traditional apology (ifoga) and settlement that were conducted, nor did he apologise to the victim.

Further, His Honour said, while the law of the country takes into account the traditional apology, it does not require the offender to be present which is something that lacks the value of a face to face apology.

The Senior Justice suggested that perhaps it’s time to amend the current law to require a face to face apology by the actual offender/s as complainants of sexual assaults often regard that of much greater value than family reconciliation and settlement.

That is because it’s a personal apology for what was effectively a personal humiliation and   interrogation.

His Honour’s suggestion we would say with respect, if accepted, would change the nature of the ifoga, the acceptance by the family (relatives) of the responsibility for the offence. To insist on the presence of, and admission by, the actual offender runs the risk that Seneca feared; that justice not be confused with revenge.

Manuia le vaiaso fou.