GT Stewart Stands in Solidarity with Rajiv Menon KC
Gt Stewart stands in solidarity with Rajiv Menon KC and with all those across the legal profession who have expressed concern about the implications of the proceedings brought against him.
These proceedings should concern every legal practitioner. The fair administration of justice depends upon lawyers being able to represent their clients fearlessly, independently and in good faith, without fear of personal reprisals for carrying out their professional duties.
That protection is especially vital in difficult, controversial and politically sensitive cases. A justice system in which advocates risk sanction for submissions made on behalf of their clients risks undermining the independence of the profession, the right to a fair trial, and the public's confidence in the administration of justice.
As recognised by Article 20 of the United Nations Basic Principles on the Role of Lawyers:
"Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority"
The principles engaged by this case extend far beyond any individual advocate. They go to the heart of the rule of law, fearless representation, and public confidence in the integrity of our criminal justice system.
GT Stewart notes with particular concern the circumstances that gave rise to these proceedings. When Rajiv delivered his closing speech, the trial judge, quite unusually, did not interrupt the submissions, discharge the injury, or take any immediate step to halt the trial, and the case continued to verdict. It was only later, by way of a reserved judgment, that allegations of breaches of judicial directions were raised. The fact that contempt proceedings were pursued only after the trial had run its course raises important questions about the basis upon which the advocate came to face allegations arising from submissions made in the course of representing his client.
We also take a strong view that is important that advocates involved in the actual proceedings should remain detached from any question of contempt as it must be a matter between between the tribunal and the advocate.
The overwhelming support shown to Rajiv reflects the strength of feeling across the profession about the fundamental principles engaged by this case. Those principles engaged by this case. Those principles transcend any individual advocate. They concern the rule of law, the independence of the legal profession and the protection of fair trial rights for all.
It is for these reasons that GT Stewart stands unreservedly with Rajiv Menon KC and all practitioners committed to the fearless defence of their clients.