In Libya, a Mr Gaddafi has finally been captured, and now the African country’s new government must decide how to deal with the son of the hated former dictator.

Saif al-Islam was Colonel Gaddafi’s “favourite son”, and like every criminal that has been captured, he has the right to a fair trial. But, in an unstable, vengeful nation, is that what he will receive?

As journalists, it is difficult to judge where our priorities should lie. It would be easy to propose that Saif does not deserve a fair trial, and that the death penalty would move Libya further away from its murky past. Yet, the press cannot abandon its pursuit of democracy and liberty.

The matter is made more complicated by the fact that Saif was arguably the least tyrannical member of the former regime. He was seen as the reformer in Gaddafi’s government and donated £1.5m to the London School of Economics, where he received a PhD in 2008.

Reporting for the Times, Geoffrey Robertson asserted that Saif has “an arguable defence”. However, with citizens desperate to see him found guilty, he will face a “hastily constructed court that will speed him to hastily constructed gallows”.

Libya is a nation where the future is as uncertain now as it was during the successful attempt to overthrow Gaddafi. The current government must be completely sympathetic to the needs of its people, meaning aggressive opposition to anything or anyone connected to the previous regime. The judicial system would struggle to observe impartiality.

Where in Libya are you going to find a 12-person jury that are prepared to discount all they previously knew about Saif and his father? How do you expect the country’s media to be unbiased on the issue, after years of repression?

This case makes some of the legal wrangles in Britain seem entirely unimportant. The media must operate so carefully here, where the smallest error of judgement can be hugely contemporaneous, thereby disrupting the proceedings of a case. In comparison, this story is a simply a legal nightmare – not just because images of Saif’s murdered father have been seen by every news outlet worldwide.

By giving Saif al-Islam a fair trial, Libya will be seen to be progressing further towards a democratic future – even if he is then sentenced to death. However, with its people yearning for the spilling of more Gaddafi blood, it is unlikely to be the case.