Dear Editor,
Greetings in the Lord. I want to thank you for the report of the case of Fr. Bertaina, a Consolata Missionary (IMC) (October 23, 2010). It is rare to find an ending to such a case involving a missionary. There are a number of cases that still have not been solved after many years. These still await the truth being made known. And so, I would like to say I am happy to read about the arrest of those responsible for the death of Fr. Bertaina, ICM.
I know that the Consolata Fathers and Brothers had an important role in making sure that the police carried out their duties responsibly. They were also instrumental in finding those responsible for the crime. Without their persistence on behalf of their brother I doubt we would be reading any news of this case today.
It seems that this case has come to a speedy conclusion, perhaps also because of the interest of various important people who were watching this case closely. Your article indicates a recognition that the wheel of justice grinds slowly. These interested parties made sure that the case of Fr. Bertaina did not get put on a shelf somewhere.
It is the final sentence of the article, however, that causes me sadness. In that sentence you claim that in the case of Fr. Bertaina the wheel of justice delivers. But what you say it delivers in the body of the article is not justice, but death. Perhaps it is ironic that the opening title to the article says that two of the perpetrators are to receive life imprisonment. By the end of the article it is clear that they are actually to receive death. To rejoice over the sentence of death for two people in Kenya is not so good even if they are criminals. As we know as Catholics, it is not enough to have justice. There also needs to be mercy.
It is not easy for us to think of mercy and forgiveness when a terrible crime has been committed, but this is the nobler act than vengeance. Nor does this mean that justice is denied or ignored. A sentence of death reduced to life in prison still respects justice. Jesus did not ask for death for those who were killing him. When one has real power they don’t need to make their importance felt. They can show true power by granting mercy. He also instructed his disciples not to seek revenge or the eye for an eye, but to be ready to forgive and to love.
In the Book of Wisdom we read that God’s ways of dealing with sinners is not to destroy all at once, but to punish in order to bring about repentance and conversion and to help his people to do the same (Wis 2:22-3:22). The example of Jesus is a fuller revelation of this power of God. Nor is mercy granted because one deserves it. If they deserve it, then it is not mercy, but justice. Mercy is granted because the one who has the power to grant it is living at a higher moral plane.
Kenya is in need of such examples of mercy. There are too many examples of meeting out even more punishment than is allowed. The desire for swift justice often leads to the death of those who don’t deserve it based on their crimes. We see this in the case of mob justice on our streets when a person is killed for stealing. When the justice system is certain of the guilt of criminals, then mercy is needed to temper justice. The Church should be there to ask for it as a witness to the dignity of all people, even those who do not know what they are doing, as Jesus puts it. The actions of the two accused in the case of Fr. Bertaina do not “scare away mercy,” as the judge may have said, but call for it all the more.
The Consolata Missionary community has born witness to the inspiration of their name and forgiven these criminals. The justice system should look to their example as to how to act. Criminals are not hindered from killing by the threat of the death penalty, nor is a society ennobled by the killing of any of its citizens. Fr. Bertaina, ICM consecrated his life to bearing witness to the compassion of God. How ironic that the two perpetrators of his death should be treated in a way which does not show compassion.
There have been a number of missionaries who have been killed or attacked in Kenya over the years. There is a great desire for this to end. There is also a desire for the killing of many Kenyans to end as well. This requires a justice system that performs properly at all levels. As this happens there will be more who are captured, tried, and found guilty for their crimes and given the death penalty. The disciples of Jesus will be called upon to recognize the need for repentance and conversion of those who are guilty. A willingness to forgive and to be merciful will help this to happen without removing justice. It will lead to a more noble and Christian society which respects the dignity of all people even criminals.
Let us rejoice in the finding of one lost sheep and the conversion of one sinner rather than the death of those who are violent. Let us rejoice in love which is stronger than death. Let us seek justice tempered with mercy.
In the love and mercy of Christ,
Fr. Daudi Adiletta, OP, Chair of the Religious Superiors Conference of Kenya.
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