This morning, I am shadowing my Learned Pupil Master before Magistrate Mrs Goblin. Our client has been arrested for eight counts of larceny of fish (!!!) and we are applying for his release on bail at the Remand Court.
The arrival of the blue prison van, which inmates affectionately call Black Maria, is like an incessant waltz of bad looking and dejected guys. They look like they come straight from an album of “Les Pieds Nickelés”. To me, they only look guilty of being badly dressed. But then, my Pupil Master would be as guilty. The gown, tunic shirt, band and stiff collar are the pride of the legal profession. Before the suspension of the death penalty, judges used to wear a black cap whenever they would pass sentence.
Legal dresses are the remnants of the profession being a vocation. Without proper dressing, a magistrate or judge can refuse to “see” lawyers. My Pupil Master bought his fading gown not from Ede and Ravenscroft, but from the family of a dead barrister whilst his stiff collar is… well he does not have any stiff collar he only fixes his brownish, loosely hanging band to a normal shirt – which I suspect is short-sleeved since I never seen his sleeves! True, though the cuffs of his jacket are much longer than his arms, the other parts of the jacket seem tight. Fortunately in Mauritius, a Barrister does not have to wear a wig. But my Pupil Master would prefer one… at all times… to hide his bald head.
Her Honour Mrs Goblin is always very strict on discipline in her court. She conducts proceedings with the military zeal of a martial court. She would also take over the role of the usher and yell at detainees or the public: “SIT DOWN PROPERLY! TUCK YOUR SHIRT IN! WHERE DO YOU THINK YOU ARE!? SILENCE!” She would remind everyone that the court is HERS and would also go berserk if anyone’s phone goes off and would even seize the guilty apparatus and fine the culprit. After all, she is there to uphold the Rule of Law. However, her thick glasses remind me of my kindergarten teacher.
Upon the call of our client’s name, my Pupil Master, who only read the file on his way to court, stands up and addresses the court:
“May it please Your Honour I appear for the Accused,” before making an application for bail.
The Police Prosecutor objects and reads the eight charges of larceny of fish. Her Honour Mrs Goblin looks gobsmacked and tells the client: “You committed all these thefts!”
My Pupil Master, without uttering any further word, would “humbly” leave matters in the hands of the court. My body is in effervescence but I freeze just in case Mrs Goblin storms at me for moving a limb. I fall as always into my imaginary exchanges since this is all I can do to help my Pupil Master:
- “Your Honour may I remind the court of an elementary principle of our criminal justice system?”
- “Yes what is it Counsel?” she responds disinterestedly.
- “It is that of the presumption of innocence your Honour. My client is innocent until proven guilty.”
- “Yes Counsel, the evidence from the victim against your client is pretty compelling!” She stares at me now.
- “Are you wasting the precious time of this court?”
- “Not ‘victim’ Your Honour ‘Complainant’. We do not know yet whether the complainant has been victim of anything,” I reply calmly whilst ignoring her stare. “And in the event my client is found innocent, the Police is never accused of wasting the time of my client for the time he spent locked with his chamber pot in the nick.” She now looks at me like Queen Victoria during her worse period.
- “Get on with your application Counsel,” she hisses whilst watching the wallclock, as if the knell will soon toll for me. She puts her hand on her head like she would put on an invisible black cap and pass the death sentence on me!
- “It must have been Macavity then!” I say.
- “Maka who? Counsel?” Interjects her Honour Goblin with her eyes popping out from their sockets.
- “Macavity the Mystery Cat,” I say. Her Honour Mrs Goblin bangs her pen on the table like a gavel and hits the usher who was nodding off. He smiles at me embarrassingly and nods off again as Mrs Goblin’s creepy and pedantic voice is like a lullaby to him. I enlighten the court further:
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