All defendants are entitled to a defence (From The Wiltshire Gazette and Herald)

All defendants are entitled to a defence

3:16pm Thursday 9th July 2009

• Print
• Email
• Share
• Comments(0)

In response to your editorial regarding the conviction of Michael Alcock for rape, I feel that I must point out some legal principles that you do not appear to be aware of.

As you correctly state, the British justice system is based on the principle that defendants are innocent until their guilt is proved.

All defendants are entitled to competent legal advocacy, no matter what offence they are charged with. Your Editorial challenged the female counsel’s “motives” for defending Michael Alcock.

Your publication does not seem to understand that barristers have no choice in the cases that they take on. The profession operates a “cab rank rule” and if a barrister is briefed to take on a case, providing that they are competent to undertake the work they must do so.

Your article stated that she should have “turned down the case” to do so would be a breach of professional conduct for the lawyer.

Lawyers must have the freedom to take on any case for which they are instructed; to turn down cases because their lay client is accused of behaviour that is unpalatable and morally reprehensible would result in innocent defendants being denied competent legal advice and lawyers acting in effect as the jury and judge.

Your editorial also mentioned that the victim was cross-examined by the female lawyer.

The opportunity to cross-examine witnesses is a fundamental component of the British justice system, without this, we would not have fair trials and convictions would be at significant risk of being unsafe. There are legal safeguards to protect the victim during this difficult part of the trial, particularly during very difficult testimony such as rape and sexual assault cases. The editorial suggests that the lawyer may have thought her client innocent. It is not for lawyers to decide the innocence or guilt of their clients, that is the role of the jury, magistrates or judge. If a client instructs their lawyer that they are innocent, then the lawyer is under a professional duty to represent them to the best of their ability on that basis.

Finally, I fail to see the relevance of the gender of Mr Alcock’s legal advocate.

Dr Jennifer Cirone, Paul Street, Chippenham.

• Print
• Email
• Share
• Comments(0)