It is a correct statement of law that a lawyer cannot represent both sides in any court proceeding, be it civil or criminal. However, in my humble opinion, Late Karpals family and DAP should provide the driver with basic legal assistance for three reasons. First, the driver was an employee of Late Karpal and the accident happened in the course of his employment, which means his employer may be vicariously liable for his negligence (if any). Should the driver be found guilty of negligent driving, Late Karpals family may be sued in civil court by the estate of Michael for his death! Second, the driver was not immediately blamed after the accident. If I may recall correctly, the accident was attributed to the fault of the lorry driver who was high on drug and changed his lane without any indicator. The fact that AG profers a charge against the driver is not the reason to deny him the legal support. Since when Gobind started to trust AGs prudence? If the driver is blameless, then do whatever it takes to defend him. Third, DAP (through Lim Kit Siang) was quick to offer a free legal service to a wealthy but arrogant lady who assaulted an old man on the road, even though she did not ask for it! If the driver is found guilty, then the court will punish him. But refusing him of bail, knowing that he has no relatives here, means the Late Karpals family and DAP already decided to punish him earlier. So, if Late Karpals family and DAP think the driver was at fault and should be punished, then I agree with their decision to let the driver rot in jail. But if the driver was not at fault, then please do something. Fiat justitia ruat caelum! [If you like this post, please click like and share. Thank you.]
Posted on: Mon, 04 Aug 2014 02:24:54 +0000
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