COUNSEL AND CLIENT

Poverty Bay Herald, Volume LV, Issue 17640, 2 December 1931, Page 2

COUNSEL AND CLIENT

, . j -jr ip+ SOME KNOTTY PROBLEMS DEFENCE IN MURDER CASES LONDON, Nov. 23. “ ‘How can you defend a murderer whom you know to be guilty.' is a question frequently asked the criminal advocate,” says Mr. Justice MeCleary, iu qn article in tho Manchester Guardian; . .... The writer explains that it is .irrelevant- if the instructions by which an advocate is guided show that, his clientwas not implicated in the. killing. Dili even if his instructions indicate that the client- was responsible for a. death, it is necessary to remember that every killing is not necessarily a murder. It may be justifiable or excusable homicide, or, if culpable homicide, it might he reducible to manslaughter. Consequently various considerations may occupy counsel’s mind, including Lord Brumwell’s dictum ; "A client is entitled to say to counsel. ‘.I want your advocacy,.not your judgment. I prefer to leave the judgment to t In* court. “Moreover, until evidence is given, how can a defending counsel presume his client to be guilty while it is tinaccused’s right to call on the prosecution' to prove the charge?” asks the judge.

“Counsel’s first line of defence is on the general issue—guilty or not guilty. His duty is to cross-examine witnesses, testing the prosecution's evidence, to call evidence favorable to Ids client, and to point out to the jury conclusions which arc proper to he drawn from tinevidence.

11 ‘lii the last resort there is the- plea of insanity, although counsel cannot ignore that its success means ids client’s lifelong incarceration. Counsel’s position is an unenviable one. His client’s life is largely in his hands. A mistake may he disastrous, ‘ but ho must decide the line of defence justifiable in the circumstances as his client knows them.

“Then, using all his skill, knowledge and experience, ho must employ all tinweapons the case may legitimately yield.”