Corrupt Indian

Law Clerks

Scathing Comment by Fiji's Chief Justice

IN a recent lengthy and complex case relating to perjury before the Fiji Supreme Court at Suva, much evidence was submitted relating to the ethical standards of some of the Indian law clerks in the Colony.

At the conclusion of the case, His Honour the Chief Justice, Captain Sir Maxwell Maxwell-Anderson, C.B.E., K.C., R.N. (ret.), fined the accused, an old Pun jab moneylender named Jaimal, £250 with costs, and sentenced him to six months’ imprisonment. His Honour then delivered a scathing indictment of the conduct of the Indian clerks in the employ of Fiji solicitors. He charged the clerks con nected with the perjury case with corrup tion and unworthiness of confidences.

“The evidence has shown the deplorable standard of ethics existing among Fiji solicitors’ clerks,” said His Honour. “For some time I have had ample reason to suspect the veracity and bona fides of some of these employees, and this case has proved beyond doubt that the time has come when this Court must take action.

“I feel quite certain that the solicitors’ clerks in this case are manufacturers of evidence —I except, perhaps, one of them —and I believe that as touts among them selves they arrange to which solicitor an Indian client is to go. Corruption is ram pant among them, and the type of clerk who is now in this case shown to exist must be stamped out in the interests of the whole community, and more particu larly of the Indian community.

“Evidence manufactured or incited by clerks,” he continued, “and given by them in English to their employers, many of whom cannot converse directly with the client, must be stopped. I am prepared to take the most drastic action should such be necessary to ensure that proceed ings in Fiji Courts shall be conducted ab initio in manner consonant with the high traditions of the profession obtaining in most parts of the Empire.

“I shall compile a list of such clerks, who, in the opinion of this Court,” said His Honour, “have proved themselves utterly unworthy of confidence or to occupy any position of trust. Such clerks will be refused admission to any registry for any purpose whatsoever, even merely to deliver a letter. Further, they will be prohibited from acting as interpreters in connection with any legal document.

If any Commissioner of this Court attests an affidavit interpreted by any clerk whose name is on the list, I shall imme diately cancel his certificate. This will apply both to the solicitor who proffers and to the solicitor who accepts the in terpreter’s service.

“Regarding the activities of clerks in the solicitors’ branch offices, I am left with little doubt that some clerks are acting as solicitors with or without their employers’ consent. I warn all concerned that it is a grave contempt of court, pun ishable by attachment, for any unqualified person to act as a solicitor, or for a solicitor to lend his name as cover for use by an unqualified person.

“Such branch offices cannot be per mitted to continue as they are at present constituted,” proceeded Captain Maxwell- Anderson. “In my view, it is very questionable conduct for a solicitor to keep

permanently open an office at which he attends only at irregular intervals, or when sent for by an unqualified clerk, who has fully discussed the business with the prospective client and whom in many cases the clerk has obtained by touting.

“Recent events have clearly shown that a purge is imperative. If I have to spend the last period of my occupancy of this Bench in cleansing an Augean stable, then I will not hesitate to use every power I possess to ensure that the processes of the Fiji Supreme Court are freed of every suspicion of taint.

“From time to time I have received complaints unfortunately anonymous, and therefore I can take no action on them —as to what is going on, which make it clear to me that the legal profession as a whole in Fiji is in a parlous condi tion. I appeal to the profession to apply the necessary remedies, not leaving it to the Court to perform the surgical opera tion, which will undoubtedly become ne cessary unless healthier conditions rapidly ensue.

“I am not opposing the employment of Indian clerks —there must be such, and there must be interpreters—but the men employed must be of high integrity. I feel assured that the best thought among the Indian community,” concluded the Chief Justice, “will be with this Court in its endeavour to stamp out these para sites, who are a menace to the rights and liberties of their poorer countrymen.”

For the benefit of the large number of Indians present in Court, His Honour re quested the interpreter to translate his comments into Hindustani.

Later, Sir Maxwell-Anderson made out a list of six Indian law clerks, and issued a circular that none of them should be allowed to enter any registry or court, or take part in any legal work within the Colony.