Sunday, June 11, 2006

Is this just good news - The Corruption Bill

The Corruption Bill has had its first reading on 23 May 2006.

The second reading is on 20 October 2006.

Bill 185 54/1 Corruption Bill

Suggestions:

1. You refer to the criminal offence of "perverting the course of justice" and categorise it as follows:

(a) External the legal profession to include the crime of "duress"

(b) Internal the legal profession by lawyers or barristers failure to prepare a client's case with reference to:

(i) refusal to take instructions upon consultation and accepting the case inclusive where legal aid is provided;

(ii) refusal to process a case into court where actual fees are paid on account or a guarantee to pay fees and costs when an invoice is rendered at least 14 days after trial (reference rules affecting barristers' fees);

(iii) refusal to do as a judge requests where an appointment of a litigant friend is required on the basis of no funding source available when there is obviously a legal aid fund - which should be accessible as a last resort;

(iv) deliberate 'concealment' of evidence and knowledge under the rules of discovery;

(v) deliberate acts of 'ambush' as a stategy by not providing discovery documents on the date stipulated by the processing judge;

(vi) deliberate acts of 'ambush' as a strategy by not providing witness statements or at all by the date stipulated by the processing judge;

(vii) where lawyers or barristers are named parties to the writ if they fail to attend or prepare witness documents they be deemed in contempt of court or deliberately "attempting" or "conspiring" where they are lawyered and barrister up to pevert the course of justice. A named party is not above the rule of law - where a processing or trial judge fails to ensure all named parties on the Writ prepare documents in accordance with procedural rules or where attend court for due process, that judge(s) be processed for collusion and corruption;

(c) Internal the judiciary by:

(i) failing to process the case management between the parties (irrespective if one or both parties are litigants in person which may require special attention) objectively, ie equally, fairly and impartially.

(ii) failing to ensure all hostile witness orders are made prior to trial;

(iii) failure to record case citation(s); legal arguments and points of evidence in Judgment as deliberate act of corruption and concealment;

(iv) failure to process requests of contempt of court and/or perjury;

(v) failure to process a witness who fails to attend for contempt of court;

(vi) where appealed on the premis of a perversion of the course of justice, the appeal court failing to process the case as a criminal issue where case is civil;

(vii) failure of a judge to declare any lack of impartiality or interest he may have in a case.

2. Make the issue of corruption and corrupt conduct retrospective the Bill.

3. Where a person has done corrupt conduct and is:

(a) a member of a profession, they be debarred from practice;

(b) holds public office, they be sentenced to life in prison which is the current sentence at common law;

(c) is a member of the judiciary be brought before Parliament for assessment for purpose of suspension and retraining and/or removal

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