COUNSEL'S DUTY

Feilding Star, Volume 8, Issue 2586, 2 December 1931, Page 7

COUNSEL'S DUTY

ETHICS UF THE POSITION EXPLAINED BY A JUDGE London, Dec. L ‘ How can you defend ar murderer whom you know to be guilty';'’ is a question frequently asked tlie criminal advocate, says .Judge McCleary in an article in the Manchester Guardian. He explains that it is irrelevant if the instructions by. which an adtocate is guided show that Ids client was not implicated in the killing. But even if his instructions indicate that the client was responsible for a death, it is necessary to remember that every killing is not necessarily murder. It may be justifiable or excusable homicide, or, if culpable, homicide, it might be reducible to manslaughter. Consequently, various considerations may occupy counsel's min 1, including Lord Braiuweli’s dictum : "A client is entitled to say to counsel, •I want your advocacy, not your judgment. I prefer lo leave (h* judgment to the Court.’ “Moreover, until evidence is given, how can a defending counsel presume his client guilty while it is the accused's right to call on the rosecutiou to prove the charge';” asks the Judge. “Counsel’s lirst lilie of defence is on the general issuis—guilty or not j guilty. His duty is to cross-exam-ine witnesses, testing the prosecution's evidence, to call idenee favourable to Ids client, and to point out. to the jury conclusions which are proport lo be drawn from the evidence. “In the last resort there is the plea of insanity, although counsel cannot ignore that its success means his clients lifelong incilrceration. Counsel's position is an unenviable one. Hi's Client’s life is largely in Ids hands. A mistake may He disastrous, but he must decide the 'line of defence justiiialde in the circumstances as his client knows them. “Then, using all Ids skill, knowledge and experience, he must employ all the weapons Hie case may legitimately yield.”