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Unprecedented times call for unprecedented action-Desmond
By Chandani Kirinde
A former President of the Bar Association Desmond Fernando PC has taken the unprecedented step of contesting for the post once again this year causing some ripples within legal circles. Standing by his decision Mr. Fernando says, the crisis in the legal profession was such that he could not follow practice but had to act speedily to restore the good name of the profession which included the judiciary.

In an interview with The Sunday Times, Mr. Fernando said that the standards in the legal profession had fallen during the past five years and the BASL leadership had done little to curb the deterioration.

"We have to correct this and do it speedily without wasting anymore time as an erosion of faith in the legal system will make people take the law into their own hands. My priority will be to establish public confidence in the administration of justice," he said.

Mr. Fernando who served as the President of the BASL between 1989-1991, attributed this decline in the judiciary and the general law and order situation in the country, to an inactive BASL as well as a highly politicised police force but said with the functioning of the Police Commission there was room for co-operation between the two.

He said the BASL was also politicised to an extent and said the loyalty of the members should first be to the Association and not to any political party. Hitting out at instances of inactivity on the part of the Bar Association, he cited examples of President Kumaratunga's recent outburst where she charged that the entire judiciary was corrupt and the killing of High Court Judge Sarath Ambepitiya and the withdrawal of police protection when his life was under threat.

Asked if his contesting for the post would not cause a rift within those in the legal profession, Mr.Fernando said he needed the support and cooperation of the judiciary at all levels to turn things around and he would act by delegating duties.

He said that in the post-tsunami era, the legal profession had an important role to play with thousands having lost their legal documents, and houses. Pointing out the importance of legal aid especially during this period he said, "Legal aid has to be improved drastically. There is need for more senior lawyers to appear free and for the juniors to charge reasonable rates so that people have access to proper legal assistance," he said. Mr.Fernando said that many international organisations such as UNHCR and UNDP were willing to assist the Association if they were given the proper project proposals seeking such assistance.

He added that judges and magistrates were today under more pressure in the light of growing lawlessness in the country and needed adequate security. He also said witnesses and complainants too needed more protection.

Mr.Fernando said that he opposed the present practice of select committees of Parliament being empowered to try Supreme Court judges and said that this task should be entrusted to peers in the same profession. The BASL also needed to activate its law committee so that those in the legal profession could play an active role in the drafting of legislation.

Mr.Fernando had a word of praise for the new entrants to the profession calling them "first rate intellectually" but said they needed proper guidance. "They need to be given more practice and on the job training," he said. Commenting on salaries he said judges, and state counsels needed a better pay.

Mr.Fernando who completes 46 years since being called to the Bar in 1958 said he is confident of victory in the election set for February 16 and that he has the energy and the commitment to turn things around.

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