Cogito, ergo sum. I think, therefore I am. (René Descartes, mathematician and philosopher,1599-1650)

Wednesday 23 September 2009

New Independent Legal Services Commission


Former High Court Judge, John Connors is the new Independent Legal Services Commissioner whilst former Secretary to the Fiji Law Society, Afrana Nisha, has been appointed Secretary to the Independent Legal Services Commission.

Attorney-General and Minister for Justice, Aiyaz Sayed-Khaiyum says “the appointment of a Commissioner to the Independent Legal Services Commission (‘the Commission’) marks a watershed in the legal history of Fiji. Lawyers will now like in Australia be subject to scrutiny by an independent body. Commissioner Connors said, "I think having an Independent Legal Services Commission in Fiji is needed. It will bring Fiji in line with conditions of jurisdictions like New South Wales and Victoria in Australia. Hopefully it will bring a transparent process that makes both the complainants and lawyers feel comfortable,” he said.

Under the Legal Practitioners Decree the Commissioner shall conduct a hearing into the complaints referred to it. The proceedings are open to the public. Lawyers can appear in person or instruct legal counsel. Witnesses may also be called to appear. The Commissioner then makes a ruling and has powers to, inter alia, impose fines of up to $500,000 and to strike a legal practitioner’s name from the roll of lawyers.

According to Acting Chief Registrar, Ana Rokomokoti, there are 348 outstanding complaints against lawyers ranging from minor offences such as failure to take adequate instructions or acting without adequate instructions, delays, incompetence and unprofessional activity to offences involving the abuse of trust funds, payment of legal fees without providing the service, fraud and the theft of client’s money. -- Based on Fiji Daily Post.

6 comments:

patrick said...

So much for the anger of the Law Society. The lawyers can't complain about the new system if it was taken from the Aussies who are great supporters of Dorsami Naidu and his gang. Isn't 348 a bit excessive for such a small country? no wonder the lawyers were so resistent to change. Transparency at last!

Anonymous said...

The newly-established Independent Legal Services Commission headed by Justice John Connors is a step in the direction of justice for all the ill-served people of Fiji. There will be lawyers sweating ......let them sweat! Some of them have held the ordinary, honest people of Fiji in thrall: nothing less. Justice Connors is an honourable and courageous judge who knows the situation in Fiji fully. This Commission has arrived just as some of us were losing hope. Thank Almighty God for Justice John Connors and his team and please ensure that the Commission he heads is well-used! No longer must we be fearful to come forward. Many of us know by whom we have been fleeced and betrayed. We may be confident that access will be given for legal remedy in safety and fairly and the ends of justice will be fully and finally served.

VIIth Generation

Anonymous said...

Mr Dorsami Naidu and all those who chose not to "clean up their act" should think well about his choices. My bet is that he will choose, sensibly, to turn "Queen's evidence".

Anonymous said...

@ Patrick

We need to ask why would "the Aussies who are great supporters of Dorsami Naidu and his gang" be so? Why would the Aussies not support us, the Fijians who have been overwhelmingly let down by many legal practitioners both in and out of Court in Fiji? Why did no President of the Fiji Law Society in recent memory take up the cause of failed professionalism and righteous conduct among the lawyers in Fiji? Not one of them attempted to cleanse the filthy stable of the Fiji Law Society. "Sweep your house, or my government will do it for you!". Baroness Thatcher in her second term as PM of GB. The UK lawyers swept their house. Margaret Thatcher was a lawyer herself. So, she knew the score.

Anonymous said...

Who will be prepared to take up the case of the removed DPP and the role that he appears to have played in the non-prosecution of many responsible for the failed Speight coup d'etat of May 2000? Why did the Office of the DPP so signally fail the people of Fiji? Are terrorism and hostage taking of Parliamentarians not serious crimes worthy of prosecution by any sane person's standard? Apparently not in the mind of some Fiji prosecutors. And, in the mind of many Fiji politicians. Not a single one followed through on this failure: all paid by public money to watch over the interests of their constituents. Does not the ending of impunity by applying charges leading to prosecution and successful conviction not constitute 'watching over the people's interest?'. Apparently not. Ask Peter Ridgeway. Ask the politicians of all stripes who want to return.

Anonymous said...

Ratu Patrick, your assumption that Aussies support DS Naidu is far from truth. A few cronies may do so. Majority of intelligent and fair minded Aussies congratulate the Attorney General for the commendable idea of establishing Independent Legal Commission. This provides opportunities to Law society to weed out inefficiencies and sub-standard
practices.For the better all lawyers should complete professional development courses prior to renewal of licence.A strong regulatory body will also assist the public to get fair and equitable representation. Unlike a lawyer who notifies clients that hearing date is 17/09/10 whereas the hearing was on 16/09/10.Moreover, does nothing to rectify.
Fairking
Po box 213, Riverwood, NSW 2210.Australia.