Wednesday, 13 November 2013

Pro bono?



I was at the Magistrates' court today 13-11-2013 when this particular accused person was arraigned. Despite claiming he could understand English, it was obvious he did not understand the implications of taking a plea of guilty. Yes, he pleaded guilty and people were shocked. Obviously,he didntt know that he was entitled to a legal practitioner. He didnt have a lawyer representing him in court.
Other lawyers( including me) were still shaking there heads in pity while another counsel sprang up and informed the court that he didn't think that the man understood the charges read to him and the implication of the plea he had taken.(though the Magistrate entered a plea of not guilty for him) the counsel announced appearance for the man and applied for a bail on the man's behalf and His honour granted same .(He was charged with stealing which is a bailable offence).

 Before i left the court, i noticed that the man's relations had rallied around the lawyer working out the conditions of bail. Hmmm, at that moment I can bet you that the man was the happiest man to walk the surface of this earth.

The whole scenario got me thinking: did the lawyer undertake to defend the defendant  out of good will or was he hussling for clients? ( Ambulance chasing)
was the Magistrate right in entering a plea of 'not guilty' in a non capital offence where the plea was unequivocal ?(The accused said he understood the Charge before he made his plea).

 don't mind me. those were my thoughts at that moment. Lawyers, over to you.






























1 comment:

  1. I think its the other way round. The ambulance chased the lawyer.

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