Equity and equality before the law
TENSION inequality and equity in the criminal justice system compels a need for funding and pro bono work.
This was part of a presentation made by Queensland Law Society president Rebecca Forgerty during the Fiji Law Society’s annual convention in Sigatoka last week.
Ms Forgerty said an obvious example was the Legal Aid Commission which existed to try and give people equality before the law.
“People without lawyers who appear self-represented do not have the same level of equality before the law in a real way, particularly when defending serious criminal charges,” said Ms Forgerty.
Prominent local lawyer John Apted said while the Legal Aid Commission and the Human Rights Commission played a role for the marginalised, there was a need for pro bono work for lawyers in the private sector.
“For those of us in the private sector, you’re accountable to your boss, but we have to be willing to take up work for free. You know that’s our commitment to society,” said Mr Apted.
“As lawyers, we have to be prepared to do some pro bono work where it’s important.”
President of the Fiji Law Society, Wylie Clarke, on the same note said, it was something they were looking at introducing over ‘this’ next year.
“Young lawyers are very keen, but they seem to find it very difficult for their employers or their bosses to let them take the time they need to divert to be able to do this important work.”
Mr Clarke said he would discuss the prospects of pro bono work with employers in private law firms.
Acting Chief Justice Salesi Temo on the other hand highlighted the potential for private lawyers to make money by taking the State to account for holding people in custody beyond their power.
“My worry is if these accused people take the Government to court for false imprisonment,” Justice Temo said.
“There will be a lot of compensation payout by the State to them.”