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