It was an eventful Fiji Law Society annual convention at the posh five stars Sheraton Resort in Nadi, over the weekend of 21-22 July, 2007. Why at such an expensive location? With poverty rife in Fiji, the legal profession still gets between $250 - $600 per hour. Therefore, this presented a legitimate means to write off a leisurely weekend as business expense. While that is good for those "millionaire lawyers", this was the reason why miserably paid government lawyers and those in statutory authorities could not attend due to the hefty $1000 registration charge. This was in reply to the lament of the top guns of the society on the absence of government lawyers in the convention.

It was indeed an interesting meeting with all guns blazing, and which also can be said to be a bloody affair, with so much bad blood between and amongst those in the legal profession. Indeed, bloody is the term, because in Fiji, we do not hesitate to liken lawyers to sharks.

There is a common joke going around grog bowls, in religious mandalis (groups) and at drinking spots that if you throw a lawyer in shark-infested waters, he/she will not be attacked by the shark. The reason? Professional courtesy, as one shark normally does not attack the other!

What this reveals is that the legal profession in Fiji does not rate very high in image and standing. One would rather have more faith and trust in a real estate agent or a secondhand car salesman, than a lawyer in Fiji. Therefore Fiji Law Society's (FLS's) holier than though attitude is questionable. What we hear is that they will shoot from the hips to suspende, debarr or censure those members who it deems were giving advice to the military, or are sympathetic with the clean-up process, while ignoring its own history.

Prior to December 5, 2006, they were blind to questionable advice that one of their former debarred and suspended lawyers had been giving to a government, which had more faith in those with checkered past, questionable characters and criminal records than clean, honest people.

Were the big lawyers and their law firms on the payroll of SDL government and were expediently quiet about the wrongs that were going in the country? Could not their cry for potential rape of democracy and other draconian legislations going against the principle of social justice have been of higher decibel rather than meek sighs?

If the Fiji Law Society of the past had a stronger spine and disciplinary procedures, then they would have ensured that any lawyer found in dereliction of duty to clients, the rule of law and justice, abusing its trust and trust fund should be prosecuted and banned for life.

They should not be unleashed on the community to further abuse our trust. But their indiscretion allowed such a lawyer to become adviser to Fiji government, posing as its unelected Attorney General. If anything that is responsible for Fiji's current plight, it is the wanting legal advice to the government and crooked ways these advice were given to release convicted persons, and draft questionable legislation while the essential ones, like Code of Conduct were left waiting.

If the Fiji Law Society wishes to redeem itself for the spinelessness of its past, then it needs to accept the reality of the situation and assist wherever it can, and not prevent any assistance in rescuing the country from its current situation. It cannot completely absolve itself of errors of omission in letting things slip through to such an extent that we find ourselves in now. Nowhere does a Military Commander give some 18 months notice for a pending take over of the government. Where were then the bigwigs of the Fiji Law Society? If they were so concerned about the country, why did they not advise the regime with wanting and credible legal advice of the right way to proceed to avoid what we have on our hands now? Were they too engrossed in making money from the state and other arms of government? If the Fiji Law Society cannot do any good, it should not stop anybody else from doing so either.

Back to Fiji Law Convention at the five stars Sheraton over the weekend and the professional courtesy of the sharks. Yes, indeed, normally one shark does not attack the other. However things are far from normal in Fiji, especially in and around the legal fraternity, and allegations of divisions within the judiciary and the law society itself. Therefore one shark biting the other could not be avoided.

Two lawyers lashed out at each other during a heated discussion on the role of lawyers in upholding and defending human rights. Lawyer Rajendra Chaudhry labelled a comment by lawyer Imrana Jalal as ‘not true' when she said that Rajendra Chaudhry was in his nappies when she advocated against the 1987 coup and called on lawyers to uphold the rule of law despite whoever was in power. She even accused lawyers of having a confused delirium when it came to defining the meaning of rule of law.

Such dind dong or rather gnawing and biting was to be expected. One happens to be the son of Fiji Labour Party leader and Interim Finance Minister Mahendra Chaudhary while the other happens to be the wife of Sakiusa Tausolia, the sacked Chief Executive Officer of Airports Fiji Limited! Indeed chemistry for an explosion!

The division among the lawyers was quite evident when some lawyers expressed support for Rajendra Chaudhry when he said that lawyers stood by and watched while the ousted SDL led government made decisions that were not right by law.

"Where was the legal fraternity on the issue of good governance, sadly you chose to stand by and watch, we must apply ourselves in what we believe in," he had said.

The former Fiji Law Society president, Graham Leung also came up with guns blazing aimed at his fellow lawyers. He accused them of sleeping while the rule of law had been raped and the judiciary tinkered with.

Perhaps what I wanted to question Leung and others was very sensibly and appropriately expressed by another veteran lawyer Tevita Fa. He accused the lawyers of flouting with the events of December last year and that it had now become "sexy" for lawyers to talk about human rights abuses. Lawyer Fa poked the conscience and questioned the sincerity of lawyers by accusing them of using the expressions of human rights abuses following the takeover as a means to promote themselves. He questioned them where were they when human rights abuses took place before the December takeover.

Prior to December 2006, Fiji had gone through a charade of democracy when the country was dragged into a racial chasm, divisive politics, financial and moral bankruptcy, cronyism and favouratism for the criminal elements responsible for rape of democracy in the past.

Indeed, the cream of the Fiji Law Society executives and other senior lawyers with over $500 per hour charge fee have lost all moral rights and justifications to question or pontificate on rule of law when they either gained from or stood silently during the events prior to December 5, 2006, and exposed the ethical bankruptcy of the law body.

Yes, indeed, even sharks cannot have the blood and transfuse it too!

Comments (1)

Show/Hide comments

Show/Hide comment form