EMPOWERMENT:
Gates shares notes with graduates
Prosecuting in court is not about impressing people, says Chief Justice, Anthony Gates. Chief Justice Gates made the comment while addressing 40 graduates during the 2017 Advanced Prosecution Course graduation at Suvavou House, Suva yesterday.
“Prosecutors should be alert at all times when dealing with an issue,” Justice Gates said.
“Prosecutors shouting and insulting their opponents with an intention to impress their superiors in court,” he said was an unethical behaviour.
“Do the right thing, prosecuting in court is not about impressing someone.”
In court, he added prosecutors shouldn’t put up a show just to get the audience attention.
“It is not enough to believe that you are right, you must be an advocate with the ability to convince others, to persuade them to your point of view.”
A prosecutor was a fair person; he said, one that could always see the other side of a story.
“A good prosecutor maybe vigorous in cross examinations but also recognise the essential humanity of the accused even violent offenders as well as witnesses.
“You should be fair in your work at all times.
Prosecutors are burdened with a great deal of work there is so much reading to be done.
He added anticipating with witnesses at times might turn volatile as they tend to turn violent or prosecutors had to deal with allowances provision for witnesses.
Many shy away from the role of prosecution, Chief Justice Gates said because their evenings and weekends were filled with reading and preparations.
He then reminded prosecutors that the important fact was dealing with the end product of Police or authority’s investigations – meaning your position is highly a responsible one.
For prosecutors listed for the same resident magistrate on a daily basis, Chief Justice Gates said they must be cautious with their behaviour at all times.
“It is essential particularly for police prosecutors that you get on well with the magistrate and yet you must keep a professional distance. “Your relationship must be proper and appropriate, courtesy and a calm court manner are tools of the job.
He advised prosecutors at times they would use their skills to persuade the magistrate away from their initial view if they think it was a wrong path in procedure evidence when arriving at an assessment of bail, conviction, sentence or an application. Prosecutors should avoid sloppy work if they wanted to avoid failure.