Tuesday, April 13, 2010

Justice being seen to be done.

Many thanks to Sir Edmund Thomas for doing what others were no doubt were too understandably frightened to do. Witness the handwringing of those senior lawyers who enjoy the Inner bar. That is the fundamental problem that he has identified. When faced with a Supreme Court panel including the impugned Justice Counsel will be faced with a difficult choice. Does he or she raise the concern on behalf of the client and face the wrath of the Court, the Government, the SIS, all other judges he or she appears in front of and the Police Department for the rest of their legal career or does counsel remain silent on the issue and thereby implicitly become a party to it. This is the position that all Counsel appearing in the Supreme court now face and as Sir Edmund points out it is not a position they should have to face. The result is a restriction by constriction of the right of access to justice for the client. That in turn erodes the rule of law(such as it is)

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