News on Sunday

Young professionals: War of allegations: How far is it justified?

The whole week has been marked by scandals and allegations. It is often said examples come from above but today we see that famous professionals are getting entangled in endless wars of allegations. Who is to be blamed? Who is at fault? So many questions but no answer… Let’s us analyse the whole issue from the viewpoint of young professionals.    

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Shakti Deewoo: “A strong code of ethics for lawyers is a must”

The recent ‘scandals’ involving some lawyers and drug dealers unveiled in the wake of the Drugs Commission has captured the country’s attention, says Shakti.  “The legal profession is a noble one and we have since long been boasting about the independence of our legal system. It is certainly not today that we are going to stain its repute. A strong code of ethics for lawyers is strongly needed and the Bar Council should be really prompt in taking appropriate decisions when its members tend to go ashtray.  Furthermore, since many lawyers tend to embark on a political career sooner or later, the regularisation of the financing of political parties is also highly commendable.” He further adds: “the link between the use of black money in political campaigns through the help of some legal practitioners is yet another myth which should be taken care of.    The lawyers who have been found guilty of such practice in a court of justice should be dealt with appropriately whilst enough care should be taken not throw the baby with the wash water as not all lawyers are the same.  The crux is that our legal system’s repute should not be jeopardised.” 

Yaadav Damree: “The lawyers should step down” 

Yaadav states that the intriguing point being raised among most citizens of Mauritius is: are lawyers who face such allegations trustworthy? “People are questioning the code of ethics for lawyers. At first, it is a fact that there are allegations against a few lawyers, but we must never generalise that all lawyers are not trustworthy. According to the code of ethics, a barrister is obliged to defend his client, even if the latter is a criminal or a drug dealer. But, all procedures should be done according to the law and code of ethics. A barrister can only refuse to defend a case, if the case causes him to be professionally embarrassed. Since lawyers have to abide by the code of ethics and legislations (e.g. The Commission of Inquiry Act) it should be obvious that they are trustworthy.” 

However, he highlights that some lawyers facing allegations sit on the board of public institutions. “This raises doubt on the credibility of such lawyers although they are not yet found guilty. The fact that some lawyers are facing such allegations before the Commission of Inquiry on Drugs and they continue to hold important positions in the public sector is a serious matter. At this stage, these lawyers should step down to enable the Commission carry on with its proceedings more at ease. Continuing to remain in their positions might give rise to conflict of interest and this will surely affect the inquiry in a bad way. It is true that we are still at the stage of inquiry and there are no charges yet, but until the Commission comes up with a fair report, those lawyers should step down.”

Rookshar Gurreebun: “It reflects badly on the profession” 

Rookshar states that some lawyers have forgotten their Code of Ethics. “At the early stage of their career, barristers are taught ethics as part of the Bar Professional Training but they forget to apply those ethics. First of all, an allegation should be supported with reasonable ground and also there should be a minimum level of confidentiality but in the recent scandals each one is just lashing out at the other.” She further adds that “it is totally unprofessional and it reflects badly on the profession. If there is a scandal in which they are involved, lawyers should deal with it like professionals and should avoid or have a minimum involvement in the media. On the contrary, they are using the media as a shield to sell their stories and instead of making their point they are beating about the bush, creating the image of being the ‘victim’. It is definitely not a good example. As far their resignation, as lawyers are members of the Bar Council, following relevant enquiries, if the Council finds there is serious misconduct on the part of some lawyers, then the appropriate decision should be taken promptly.” 

Zuhayr Luchmun: “Some lawyers are dishonouring their black robe”

By relying on the Commission of Inquiry and media reports, people would definitely assume some lawyers are professional intermediaries for converting funds derived from illicit activities through the air of legitimacy provided by their services, states Zuhayr.  “A few lawyers are susceptible to potential liability for money laundering. As concern the code of ethics, it has not been respected, for example, they keep in touch with these criminals even after defending them and the judgment delivered by the Court, they continue to visit the guilty, and one has even helped a prisoner to operate a canteen and so on.”

Zuhayr feels some lawyers are dishonouring their black robe and are not respecting their code of ethics. “Much truth is hidden behind their black coat and they have an easy escape due to the provision of legal confidentiality which prevails between them and their clients. The system should be reviewed and amend accordingly. The Commission should be vested with much more power to operate and liaise with other institutions like ICAC and FIU and so on, to track illicit money and the professionals involved. The laws should be enforced in a much stricter way and those lawyers involved in such matters should certainly step down from their posts until they are cleared from all doubts.”

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