Wednesday, June 27, 2007

Guilty but not guilty

27 June 2007

Hi Guys

This week I’ve got a guest contributor. His name is Rene van den Tol, and he’s the Pastoral Assistant in the Sydney Parish. His encounter with the Law makes for interesting reading.

Fred

“Guilty but not guilty”

This is a story I shared recently with our men’s breakfast group. It sums up how we stand before God when we acknowledge our sinfulness, repent, and confess our faith in Jesus Christ.

Several years ago when I was living in Canberra a few friends visited from Sydney. We went out for a meal at a local club and during the course of the evening ordered several rounds of beer. I ordered light beer for myself when it was my shout and thought my friends had also ordered a light beer for me when it was their shout.

On my way home I noticed red and blue flashing lights reflecting off a road sign beyond the crest ahead and thought it could well be a breathalyser unit. At that point I could have turned into another road to avoid the unit if I’d thought my blood alcohol level was over the limit. Confident it was not, I continued on my way. As it turned out, it was a breathalyser unit, and I was pulled over and tested. To my dismay I recorded .07 and was duly driven to the police station for further testing, which confirmed I was over the limit.

I was told I was being charged for driving under the influence and that my car would be impounded overnight, and that I could collect it the next morning. A very considerate, and even sympathetic police officer advised me that as this was my first offence, the best approach would be to plead guilty, get an early hearing, and just tell the magistrate exactly what happened. Given the circumstances, there would be a good chance the magistrate would bring down a verdict of guilty with no conviction recorded. I took the police officer’s advice.

A few days later in the Magistrate’s Court, while waiting to be called forward, I witnessed over half a dozen people take the stand to answer DUI charges. I could hear the verdicts and the sentences. “Guilty! Twelve months suspension of licence.” “Guilty, loss of licence for two years and $2,000 fine.” “Guilty! You’ve been here once too often Mr Smith. Loss of licence and six months imprisonment.” And so it went on.

By now I had my head in my hands thinking the worst – public humiliation, loss of job, loss of licence. “Surely he ‘s not going to send me to jail, is he?” I continued to pray like fury.

When it was my turn to face the music, I stepped forward, hoping the fact I was wearing my best suit would make an impression, but feeling none too confident. My lawyer had advised me to defend myself and “just say it as it is” – just like the police officer had advised.

When asked to explain the circumstances behind my being in court, I told the magistrate exactly how it was. I was only a social drinker, who had gone out with some friends visiting from out of town. We’d had a meal and about five schooners over a period of three to four hours. I thought I’d been drinking light beer, but clearly, some of the beers had been full strength. I had noticed the flashing lights of what I thought could have been a breathalyser unit but felt confident I was under the limit and so had no cause for concern. I was dismayed to be told I was over the limit, but the technology doesn’t lie I told the magistrate, and so I had no defence. I was guilty and I acknowledged it.

The magistrate turned to the police prosecutor who was asked to read the police report. The officer at the scene had reported the facts of the matter. He included that Mr van den Tol appeared to have been in full control of his faculties and had shown no signs of intoxication. He had added that Mr van den Tol had been polite, respectful and fully cooperative at all times. The magistrate then asked me how long I had been driving and if I had ever been convicted before. “About thirty years” and “no” I replied.

At that point the magistrate advised that it was in his power to exercise discretion in these matters. He informed the court that he was sorry someone who had such a clean driving record for so many years had to appear before him, and then pronounced me, “Not guilty.”

“Not Guilty?” “But I pleaded ‘guilty’ didn’t I?” I asked myself. “How then can I be not guilty?” I puzzled.

It reminded me of an even more perplexing question and the amazing grace-filled response. We “blow” more than .05 every day in our relationship with God. We are not only guilty of sin; we are as guilty as sin. We all fall short of the glory of God (Romans 3:23). But Jesus comes along – he who never “blew” as much as .0000005 – and takes the conviction and penalty for us. “God made him who had no sin to be sin for us, so that in him we might become the righteousness of God” (2 Corinthians 5:21).

How can we be “guilty” and yet be considered, declared, and made “not guilty?” It happens, as I was reminded, by the grace of God in Jesus Christ.

René van den Tol

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