Justice as I know it

March 7, 2020 tfjoellaws9981 0 Comments

( 7 minute speech at the Toastmaster )

Toastmaster of the Evening,

Fellow Toastmasters

And Welcome Guests

Justice as I see it.

EXPERIENCE

Have you ever heard the  cry ,  Where is justice ?  I believe this is something familiar to you.                                                                  

AGGRIEVED PARTY , A VICTIM , ORDEAL, GRILLED

That’s  when we talk of our rights in law , and when  we are the aggrieved party and being wronged /injured as a victim.  Another situation , a  person may be wrongly accused for crime he did not commit. Going  through trial is no ordinary  ordeal for some . No one  may  want to encounter it, given the choice. Trial may be a long process , tedious, and even boring, depending on its complexity. You will be grilled by a lawyer in cross-examination , and stunned by the rather rude question : I put it to  you are lying! Rather intimidating , isn’t it ? But  that’s the reality of it.

SUMMONED

You can’t refuse it when you are summoned to come to court. You will risk  being arrested  if you didn’t turn up. Or your case  would be struck out if you are the litigant.

JUDGMENT DAY , DIVINE INTERVENTION

Justice becomes alive when its judgment day . That’s day every one is waiting for , and when your fate will be decided . Everyone  will be intently listening  to the words of the Judge . What’s the results or outcome , you may ask? You’d cry in joy if it’s in your favour. Or you may be in tears of anguish in defeat , if you lose. But the worst  is felt by the one who faces a death sentence after  having exhausted all legal avenues . To  the family of the victim , that’s  the day justice is served. The Prisoner , on the other hand, will then  be put in a death row , pending execution.  However, if  he’s lucky before his time is up,  by a stroke of divine intervention , say there is a travesty of justice , and the real culprit was eventually arrested and convicted for the actual crime, he would be spared his life, and declared innocent and released to society.

JUDGE

Justice depends on a judge or who the judge is. He is human, with temperament , likes and dislikes. Never to be taken for granted. We can’t predict the outcome of the case because we can’t  read his mind. We just pray that  that he would not be misled by the other side, and that he is fair and not bias . He reads the evidence and facts . His diary is laden with cases, and  he will cut you short if you are long winded  because his time is precious.

APPEAL

If we disagree with him , you can appeal to the next higher court in the hierarchy of courts  whereby you effectively  point out where his decision has gone wrong. If the higher court is with us, the court will say, “Appealed allowed”. Otherwise it  will say, “Appeal dismissed.”

END OF ROAD TO JUSTICE

For those who can’t afford to  go further in the appeal process , that  will be the end of the road to  justice. The consequence is that we  just have to live by the decision though you may say it’s most unfair, and your facing hardship because of it , unless you can do something to change  the law like persuading your  Member of Parliament to  look into it and raise it at the Parliament.

LOST CASES

Litigants lost their cases sometimes because of   procedural grounds ,breach of court rules or certain legal principles which are not fulfilled . Or It could also be because they didn’t tell the truth or sheer lack of evidence  at the trial. That is to say , they failed  the test of balance of probabilites. As for criminal cases, the duty of  defence lawyers is  basically to make a gap in the prosecution case as wide as possible ,so that at the end of the day , there is no guilt  proven beyond reasonable doubt.

NO GLADIATORS

Good Lawyers in navigating through these cases would not consider themselves gladiators, rather to expedite the disposal  of the case by assisting the court . They would not try to win at all costs . That’s why  nowadays , they may try to mediate or arbitrate for win-win solution for their respective clients.

MYTH, BEST LEGAL MINDS

There is a myth that those who win the case was due to their hiring the best lawyers. Some lawyers may disagree with  that statement  because a lot depends on the facts and peculiar circumstances of the case, and what goes into the preparation of it.

So, if I may ask, who need justice now?

TFJ

1 March 2020