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Desmond says why he is coming forward
Ikram Mohamad the incumbent President of the BASL though contacted by this newspaper for purposes of obtaining his views on the BASL elections was not available to be interviewed. His office said he has "time constraints" .
Desmond Fernando a former president of the Bar Association, breaking with tradition is once again contesting for the post of BASL president this year. He says that what matters most is not the right or wrong of a former president of the Association to contest again but the urgent need to preserve the independence, respectability and credibility of the legal profession and the judiciary.
The following are excepts of an interview with him:

Mr. Fernando, are you breaking traditions by standing for the post of BASL president?
The answer is no. The traditions of the BASL and of the Bar that are well worth preserving and protecting is to stand up for the independence of the judiciary and of the legal profession, to preserve the standing, respectability and credibility of both these institutions in the eyes of the public and ensuring that there is no erosion of public confidence in them.

In the midst of the present crisis in the Judicial system the only tradition according to some worth preserving is that a president has a second term. The BASL Constitution states that the members have a right to choose a fresh president at the end of the one year term of the current one.

Very often when the current president's performance in office is acceptable to the membership, he is permitted to carry on for another year which the membership does by not contesting him or rejecting another aspirant for office. The standing of the BASL, was so low in the eyes of many that I was persuaded to stand for the presidency by many lawyers, both at very senior level as well as others including respected retired and present judges. It was felt that we could not allow the profession to slide down any further.

Very eminent and senior practitioners (who I cannot name in public but may consider doing so in private) encouraged me to do so. Some of them have contacted me and stated that they are glad that I am doing so. A conversation with any lawyer who values traditions will confirm what I am saying. In fact it was only a few weeks ago that Mr. H L de Silva President’s Counsel, a much respected lawyer and who could be called one of the leaders of the Bar, publicly stated his disquiet with what he referred to as 'once regarded as the 'Temple of Justice' and in a moment of anguish said that the time has come 'to cleanse this Temple' and asked in desperation as to "who will have the courage to drive out those who have made this hallowed place a den of robbers and defiled it". Many have contributed to defile it and many more are now prepared to help in cleaning it. I have been pushed to the front by these latter people.

What makes you think that you can achieve these objectives ?
It is not so much what I think but the confidence reposed in me by others who think that with me at the helm something can be done through the efforts of many. Perhaps they know that in the past I had held office amidst troubled times and dealt with one crisis after another with success.

The main crisis then was the threat to the life of many lawyers including officials of the Bar Association, including myself. We had to take action promptly and with courage and deal with situations in an innovative manner. For those who had to leave the country I obtained visas after explaining the situation to the British H C and those who wanted to remain, I got an organisation called Peace Brigades International consisting of Americans and European professionals to live with these lawyers, even answer their telephones, often open their doors when somebody knocked and to accompany them to court. The government of the day expressed strong disapproval but I had no option as it was my duty to protect lawyers who were under threat. The Bar supported me wholeheartedly in this. I also built up the capacity of the members, particularly the younger ones, by training them through seminars and workshops and introduced a newsletter to assist them to keep abreast of what's happening in the legal world and to bring them up to date with decided cases and - legal developments. The lawyers, particularly those in the outstations benefited much from this. I felt that lawyers have a duty to society, particularly to the poor and the oppressed. For this I started the Legal Aid Scheme and the Human Rights Committee of the BASL. The Human Rights Committee took up before courts a large number of habeas corpus cases in respect of persons who had disappeared. When I became aware that thousands of people had disappeared I requested the then government to invite the International Committee of the Red Cross (ICRC) which had a specialised tracing mechanism to find disappeared persons.

What is wrong with the BASL ?
Today the problems are different. The public perception of lawyers and the Judicial system is pretty dim. According to the Marga Report the public perception is that the courts are partial and sometimes corrupt. When they refer to the courts, it is to the entire system and include all stakeholders and not merely judges. The Transparency International Report is more critical. The present system is the legacy of many years of political interference with the law enforcement machinery and the pervasive corruption which engulfs almost every segment of society.

The Bar Association, though its role is not as wide as the State Institutions to prevent these abuses, nevertheless has an important and crucial role to play by constantly being critical and monitoring such misconduct and not be lackadaisical as it has been so far. Again as Mr. J L de Silva says " we cannot wait much longer because the inevitable catastrophe of a general breakdown of all systems is likely to occur engulfing the whole society and causing a total disintegration of all the valued institutions and cherished traditions that are dear to all of us." This situation too requires new innovative methods. The BASL has failed to address these issues though, for instance, the Marga reports are more than two years old nothing has been done about it. Has the present hierarchy in the Bar Association studied these reports. What action have they taken to assuage the public concerns or to give confidence to the public that the system still is worth preserving. We all know that the latter position is correct – among our judges the vast majority are very independent, impartial and possessing the highest integrity. But at the same time there are serious reservations about some. Similarly, we know that the vast majority of lawyers are duty conscious, honourable and are men and women carrying on their responsibilities with dignity and decorum. But there are serious reservations about some. These are the issues which the Bar Association has to address as its primary goals. Not whether the president has to have a second term.

What is the role you envisage for the BASL ?
A vibrant role. It must act with vigour on public issues and not be silent. Today not only is it not pro-active it is not even re-active. So many things are happening around us which impinges on the performances of our functions and the Bar Association is maintaining an ominous and damning silence.

What is the experience you have to fulfil this rule?
Since I was President last, I have learnt a great deal as the Secretary, Vice President and then President of the International Bar Association. The IBA, during my tenure of office has helped ailing Bars to become vigorous and protect their members and enabled them to play their due and rightful role in public affairs.

This was particularly so with the Bars of Peru and N. Ireland. My interest in the Bar Association continued throughout this period. I have been a member of the Bar Council. As president, I always took the Bar Council and the members of the Bar Association into my confidence. I considered the post of president to be a position of trust which I held on behalf of the entire profession. I did not use it to have private discussions or correspondence. Whilst due and every respect should at all times be shown to the Judiciary, I felt that courtesy begets courtesy and respect should be mutual. As President it was my duty and that of the Bar Council to protect its membership from any harassment, from whatever quarter, the Government or any arm of the Government, however infrequent such incidents were.

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