Fiji Law Society President Wylie Clarke says they will not be shirking their responsibility to speak up where circumstances demand it following comments by former Society President, Devanesh Sharma in the Attorney General’s Conference that the Society “should get the hell out of politics” and focus instead on workshops on professional ethics.
In a note sent to the Law Society members, Clarke says while the Society has been asked by media organisations for a response, the Council believes that a response to their members is necessary.
Clarke says as far as they know, Devanesh Sharma offered no example of how the Law Society was involved in “politics”.
The Fiji Law Society President says Sharma may disagree with some of their public statements but it is important to remind everyone of the difference between “politics” and the rule of law.
Clarke says in democratic countries, any government which holds the reins of power must expect criticism.
He says that does not mean its critics are engaged in politics; and it is disappointing that a senior Fiji lawyer would seek to blur this simple distinction.
Clarke says the Fiji Law Society’s last three public statements have concerned the arrest and detention without charge of Doctor Jone Hawea; the Attorney-General’s unwarranted attack on the Solicitor-General after the Government lost the Niko Nawaikula case; and the Government’s dismissal of the Solicitor-General, in a manner clearly contrary to the Constitution.
The President of the Fiji Law Society says these are examples of rule of law issues where, as lawyers, they have a duty to speak up, hold the Government to account and ask that it do better.
Clarke says they are professionals with skills and experience in the law.
He says the community looks to lawyers, and the Law Society as a whole, for objective and reasoned views on the legal issues of the day.
Clarke says upholding and defending the rule of law is an individual and collective responsibility for all lawyers.
He says in common with lawyer associations around the world, the Fiji Law Society has a legal duty and role to represent the views of its members and to protect and assist the public with information on the Society’s views on rule of law issues.
The Law Society President says the Society has a long history of speaking up on these matters when required, regardless of which political party is in power.
Clarke says those who are now entrusted with leadership of the Society will not be changing that tradition and he encourages all members to contact him or other members of the Council if they disagree with their public stance on any issue or if there is anything they feel they could do better.
