Judge Shameem On Criminal Law

Justice Nazhat Shameem believes that those that are vulnerable, children, women and the disabled - are not getting the equality before the law. Ignoring the social inequalities in effecting justice would render the justice system an unequal one. She said the rule of law was completely pointless because a large sector of the population could not gain access to the criminal justice system without a lawyer or without "the confidence that comes with education". In calling for reform through legislation, High Court judge Justice Nazhat Shameem said any reform over that period was either sporadic or piecemeal. In Fiji, much of the law is outdated, still following its archaic terms, not with modern advances yet. Fiji larceny offices in the Penal Code are still outdated and not relevant, gislative provisions have not caught up with common law and human rights developments on the law.



She was speaking at the 10th anniversary of the Attorney-Gerneral's conference at Shangri-La Fijian Resort where 150 delegates have gathered for a two-day meeting.



Judge Shameem stressed the need for both video or audio tape of the police confessions, this will prevent the suspect from false allegations of assault and unfairness. Shameem also believes that this will see a rise in a number of guilty pleas. She said the courts spend a great deal of time of the criminal trial determining the admissibility of confessions made to the police as there are allegations of assault, inducements, oppressive hours of questions, unfairness and a failure to explain constitutional rights.



She said The Community Work Act 1994 and the Rehabilitation of Offenders Act were notable exceptions, the commission only implemented what was politically willed.



"If there is no will there is no reform," she said adding reform could come from two sources - judicial decisions or through arrangements between criminal justice agencies.



"There is much in the criminal justice system to reform. Antiquated criminal laws, outdated laws of procedures and evidence, a lack of transparency in judicial and police procedures are only some of them. Reform can be effected in most cases by a will to reform."



At the Transparency International workshop on access to justice in Lautoka this week, the Fiji judge is also saying that shopping has become a serious problem for the judiciary in modern Fiji. Justice Nazhat Shameem said that the legal profession is quiet on the subject of judge shopping - an unfair process by which lawyers try to pick a particular judge to hear their cases. Appointing judges and magistrates on merit can be a mechanism to prevent such judicial corruption.