by Mike Andree(May 04, Colombo, Sri Lana Guardian) What has happened to the Legal Profession? Once the most exalted of professions in Ceylon and thereafter Sri Lanka, it has now sunk to the lowest possible level.
My father often spoke of the Bracegirdle case and of the Sri Lankan legal giants who not only defended him successfully but also defended the freedom of speech and assembly against the might of the British Empire and the order of the Governor. The case also featured a fearless, independent Judiciary, where the then Chief Justice Abraham rescinded the order of the British Empire and invoked the provisions of the writ of Habeas Corpus, then confined to tomes of dilapidated libraries, making instant headlines.
With the ruling making headlines, the cream of lawyers who appeared for Mark Anthony Lyster Bracegirdle, I believe, headed by H. V. Perera with Colvin R. de Silva as his junior, became my father’s heroes. Incidentally H. V. Perera was made a Queen’s Counsel (QC) on the day of the Bracegirdle case.
But today, Criminal Justice has taken such a beating that we rarely hear of lawyers who could fit into the mould of those of the calibre of H. V. Perera, Dr. Colvin R. De Silva, G. G. Ponnambalam or Nissanka. Most of today’s lawyers meekly bow to the dictates of the court and lack fighting spirit. All they care of now is their fat fee. They would not hesitate to charge an exorbitant fee for their service, which could be termed ‘pedestrian’.
The legal profession has lost it prestige and the spirit with which they defended the freedom of the people. Their elected leaders are worse than trade union leaders. The able and talented lawyers, who are capable of rendering some service to the community, are thrown to the wolves and lawyers with political agendas are elected instead.
If Sathasivam was living today, could he have been acquitted by a jury. The answer would be an emphatic no. Firstly, Sathasivam would never be able to retain a lawyer with such forensic ability as Dr. Colvin R. De Silva, who would in his prime days put the eminent American Trial lawyer John Cochran to shame with his mastery of the English Language. Secondly, there would no Jury. Though in the statute books there is provision for a trial by jury, most lawyers, for purely selfish reasons have abandoned the jury system as remaining in one court for a number of days would deprive them of other pecuniary benefits.
Thirdly, having collected his fee the lawyer would do everything possible to extract a plea from his client., and run to another court. Then, most judges, who are the products of this legal system, wish to ensure that the indicted accused are found guilty. When the judge inquires from the so called counsel, who appears for the accused, whether the accused is willing to take a short cut by pleading to a lesser offence, the lawyer jumps to it and embraces the suggestions with both hands, mainly to avoid a trial and expose his weakness. An accused who has a convincing defence would be convicted as he is promised that he would be able to get a sentence which is suspended for five years. That is, the accused can go home. Everybody in the system is very happy. But society suffers immeasurable damage through these actions.
Sathasivam would never have been discharged. He probably would have got a life sentence or even a suspended sentence.
The Marga Institute, after conducting research, made some startling revelations. The research was another attempt to tarnish the image of the Judiciary, mainly because it is headed by a Chief Justice who is not liked by most NGOs. But the legal profession has to date not repudiated that report by countering its allegations. This is because the present leaders of the Bar are the torch bearers of these NOGs.
But as layman we are confused and confounded by the allegations that are made against the police. Which we know are not very far from the truth.
The politicians when enacting laws to curb the rising crime wave only strengthen the hand of the Police enabling corrupt cops to make more money at the expense of the innocent.
There are affidavits and other incriminating documents which clearly shows how some policeman are using these laws to demand money from people. Those who fail to give in to pressure risk forfeiting their freedom and languishing in jail. The most notorious of these are the allegations that an automatic weapon was used in committing the crime which makes it non-bailable offence by the Magistrate. Without any evidence to prove the allegations of the use of the pistol, the accused are brought to court and remanded. Only a few Magistrates inquire into the truth or the fallacy of the allegations made by the police. They opt to take the path of least resistance and remand the suspect. The ardent criminal knows this and the police are treated with enormous bribes. Present day judges, who mainly rely on the police and the lawyers, do not want to displease the police and the lawyer, who’s voice had been stilled, collects another fee and runs to another court to appeal against the order.
The system is happy. The criminals are happy as they know who to bribe to get over their problem. It affects only those innocent people who do not know whom to bribe or who refuse to bribe anyone expecting that justice will be meted out.
Criminals, the underworld, the corrupt police and crooked lawyers thrive on the system. They crave for justice.
It was not long ago, when Justice Ambepitya was killed, it was revealed that the underworld had connections with very powerful policeman. The IGP agreed to conduct an inquiry and bring to book the corrupt police officers. But did that happen. What has happened to these errant police officers whose names appeared in the media. We only know that the Police Commission promoted them. So much for justice and for Justice Ambepitiya. If judges and lawyers do not unite to arrest these trends, then citizens will lose their freedom and the Legal Profession its voice.
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