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Indian bar must represent Delhi gang rape defendants, says Bar Council

"The reason for not wanting to represent the accused in this matter is straightforward - the guilt of representing persons against another whom one believes to be innocent." I'm not sure this entirely makes sense (no one has accused the victim of a crime, she is innocent, its a question of whether the accused are guilty) but anyhow, isn't this the entire point. It doesnt matter that the advocate is repulsed by the crime or that he believes for whatever reason the accused are guilty. The point of a court is the recognition that such prejudgments are not a valid way of assigning guilt. It doesnt matter what 'everyone knows' or believes - the evidence needs to be tested in the adversarial crucible of a courtroom. Surely advocates understand that if nothing else, and understand that its toxic for a society not to have a sound system of rule of law? If the are not properly defended, their guilt will not be properly established and doubts / consipracy can flourish,which, if they are guilty, is terrible. It was clearly wrong re: Mr Casement, and is clearly wrong now. The bar is just stating the obvious and learning from its predecessors' mistakes.

8-Jan-2013

11:16 am