LAW CLERKS IN FIJI

Poverty Bay Herald, Volume LXI, Issue 18590, 28 December 1934, Page 5

LAW CLERKS IN FIJI

CONDUPT OF INDIANS

JUDGE’S COMMENTS

EVIDENCE CRITICISED

SUVA, Dec. 17.

Strong comment on the conduct of Indian (Jerks employed by solicitors in Fiji, and upon the condition—of(the legal profession generally, was.‘made by the Chief Justice, Sir Maxwell MaxwellAnderson, at the conclusion of <a perjury case in the Supreme Court last' Monday. Commenting upon the evidence, His Honor said that the case had proved be yond doubt that the time bad come when the court must take action in regard to men who are constantly associated in the routine working of law and justice. The judge said he felt certain that the solicitors’ clerks connected with the case were manufacturers of evidence, and that he also believed that as touts among themselves they arranged to which solicitor an Indian client was to. go, .He had not the slightest hesitation in saying that corruption was rampant among them, and the type of clerk who was shown to exist would have to be stamped out .in the interests of the whole community and more particularly of the Indian community. Evidence manufactured by (Jerks or incited by clerks, and by them given in English to their employers, many of whom could not ' converse directly with the client, must be stopped, and he was prepared to take the most drastic action in order to ensure that the high traditions of the profession were observed.

LIST OF PROHIBITED CLERKS

His Honor intimated that he proposed to compile a list of clerks who, in the opinion of the court, have proved themselves utterly unworthy, of confidence or to occupy any position of trust. All such clerks would be refused admission to any registry of tbe court for any purpose whatsoever, even merely to deliver a letter or document. Further, they would be prohibited from acting as interpreters in connection with any legal document and if, after there has been supplied to him a copy of the’ list to be compiled, any commissioner of the court attests an affidavit interpreted by any person whose name is oh the list, the certificate of such solicitor to act as a commissioner would at once be cancelled. Adverse comment was also made by the judge upon the practice of having Indian clerks in branch offices in adjacent towns. He said, that he was left with little doubt that some clerks were in effect acting as solicitors with or without the consent of their employers. In his View it was questionable conduct for a solicitor to keep permanently open a branch office at which he or a qualified assistant attended only at irregular intervals, or when sent for by an unqualified clerk who has fully ;. discussed Pie business with the prospective client, and whom in many cases the clerk has in effect .obtained by touting.”

“AN AUGEAN STABLE”

“Recent events have shown clearly that a purg© is imperative,’.’ said His Honor, “and if I have to spend the last period of my occupancy of this bench in cleaning an Augean stable, so be it. I have from time to time received eom-plaints-unfortunately anonymous and therefore I can take no action on them—as to what- is going; on, which- makes it clear to me that the legal profession as a whole in this colony is in a parlous condition. After what I have said to day I appeal to the profession to apply the necessary remedies, not leaving it to the court to apply the surgical operation, which will undoubtedly become necessary unless healthier, conditions rapidly ensue.” Jaimal, an Indian moneylender, who pleaded guilty to a charge of perjury, and whose case was the one referred to by the Chief Justice,-‘was sentenced to six months’ imprisonment and fined £250, also- being ordered 1 to pay the costs of the prosecution. After. the case had proceeded for two days. Jaimal was sentenced to a week’s imprisonment for contempt of court arising out of his refusal to answer certain questions. When the case was resumed Jaimal altered'liis plea to guilty.