From the Courts

The first case that caught my eye this week involved a middle-aged businessman who had stolen approximately $19,000 from his employer to pay back a large number of gambling debts that he had accumulated in the last little while. He had pleaded guilty and the only question in issue was his sentence.

He had the benefit of an eloquent plea on his behalf by a senior counsel to the effect that if he went to jail it would reflect on his family who would be forever embarrassed. His mother had paid back all of the money owing in the hopes that this would spare the man the ignominy of being sent to prison. His lawyer explained that his gambling was a disease that had now been cured. In short, he had marshalled all the forces that money can buy to work in his favour. There was a noticeable hush in the crowded courtroom after the lawyer's delivery, while Mr. Monaghan SM pondered his decision. I'm sure that many people present thought there was a good chance that this man would be granted the middle-class penalty of adult periodic detention, even though lower-class prisoners are commonly sentenced to much harsher penalties for conversion involving much lesser amounts. In my opinion, the magistrate showed a good sense of justice in sentencing the man to two years in prison.

The other situation that interested me was simply an adjournment of the hearing for another day. It involved the accused himself, a young man casually dressed, going up to the dock where he informed the magsitrate that his lawyer could not be present in court that day, and asked if her could have a remand with bail continued. Apparently the man had cleared it with the prosecutor beforehand and the remand was granted as a matter of course. I found it refreshing to see a lay person (a non-lawyer) address the bench in a matter such as this. Not only did he save himself a counsel fee, but I am sure that he impressed the magistrate with the assurance with which he conducted himself. All too often I have seen a junior solicitor waste the morning waiting for a case to be called just so that he can ask for an adjournment on behalf of his senior.

I think that the basic mechanics and concepts of law should be taught in all colleges so that all citizens will have an understanding of the workings of a court and will not be afraid of what is often a simple procedure. Lawyers should be reserved for the more complex matters. Most of the procedure in the magistrates court has been designed so that lawyers are not always necessary, but this structuring is fruitless unless a program of education to the masses is undertaken in conjunction with it in the colleges. Not only would accused people save money, but they would feel more of a part of the judicial process—and might not feel as great an alienation as is often the case today.

Alan Parish.