The law is the law, and no one is above it. But what about when the law just does not make sense? What about when a 57-year-old mother is jailed for three months because her 17-year-old son did not want to see his father? What do we do then?

The answer in this case was a presidential pardon, following a recommendation by the Cabinet. But still… should it have come to this? This is Malta and it is 2012. Over the last 25 years, we have made huge strides forward in democratic progress and becoming a modern European society.

Just last week we wrote about the glaring discrepancies in what constitutes justice and indeed punishment. We will look at the same issue again today. Yesterday, a thief who burgled seven houses was given a five-year jail term. Also yesterday, a father was given a 10-year jail term for raping his three daughters, they were 11 and 12 at the time. He was due to undergo a trial by jury, but opted to plead guilty in a plea bargaining agreement.

At the same time, a mother was jailed for three months because she did not force her son to go and see his father. The kid was 17. He was old enough to decide for himself. The father pressed for the mother to be jailed, even when the son made it expressly clear that he did not want to see his father and that his mother should not be in jail because of his decision. It is ludicrous. It is an anomaly.

The government intervened, but should a person in such circumstances have to resort to a presidential pardon? We believe that no, it should not have been the case. We understand that the law is what it is, but for heaven’s sake, change it and change it now. There is also another issue which must be delved into. We saw a good example of it in the divorce referendum campaign and it is quite simple. Children (and young adults) must be listened to. The young man in question here was 17 years old. Put bluntly, the law has taken away this young man’s right to freedom of choice. Yes, he is a minor. But does that mean that a 17-year-old is not capable of deciding for himself? Sadly, society has again chosen to ignore realities. How can anyone tell a young man that despite being put through trauma, hurt and much more than anyone could possibly imagine, he does not have the right to chose for himself. Not only, but society has made him shoulder the guilt of his mother being sent to jail because of that.

We say good for them, both of them. The young man has had the courage of his convictions and his mother has backed him to the hilt. They are indeed a truly brave pair. We cannot preach that we are a modern democracy when we see such anomalies in the system. There is no harm in admitting that there is a glitch and that it needs to be sorted out as soon as possible. No one had the right to judge that young man, nor did anyone have the right to say “I know better”. Sort it out, now.