【明報專訊】上訴庭昨在處理鳥克蘭船與內地貨船相撞刑事上訴時，狂轟原審時控辯雙方共3名資深大律師及兩名大律師，審訊期間不理庭上禮儀，不單經常無謂「插嘴」打斷審訊，大律師之間更經常在法官李素蘭面前互相討論，更甚的是沒有站回應法官提問，實行「當法官無到」，上訴庭明言此風不可長。 (15/12/2011明報節錄)
明報這則新聞報導並不全面，上訴庭副庭長司徒敬(Frank Stock)在倫明高法官(Michael Lunn)頒布主判辭之後，特別用了20段來批評控辯雙方律師對法官無禮的情況，同時批評原審法官李素蘭(Suzie Remedios)多次沒有阻止不必的提問，審訊節拍控制得不好。舉例如下：
502. This type of conduct is unseemly and
whilst I have some sympathy for this experienced judge faced with a difficult
case, it is conduct which, at an early stage, ought to have been stopped.
509. The question pressed by Mr Westbrook
was not a question; it was a comment. But more significantly, the remark to the
witness¾to a defendant mind you¾“I’m not interested in your explanation” was
rudeness itself delivered by counsel clothed with the authority of his
professional robes to a person in a wholly unequal position. The judge should
not have permitted it.
510. Cross-examination of the type
displayed in the passages I have reproduced, apart from
constituting poor
advocacy, is never permissible.
不要以為上訴庭在替主審法官撐腰，在我看是因為要看8600頁審訊謄本看到光火，才作出批評。
from my limited experiences in attending magistrate and high court, i have seen barristers paying due respects to judges but it'll be funny to see when the judges 對班大律師無符
回覆刪除by the way, last times you asked me how i bumped into your website. it is quite random because i come to here through the 'next blog' on top of the website.
also, i have written a new article, have a look of it when you are free!
http://tsokoba.blogspot.com/2011/12/life-will-go-on-as-it-has-always-gone.html
How long would it take to go through the 8600 pages transcript ?
回覆刪除Anonymous,
回覆刪除I really don't know. It is faster than reading a judgment because most of the transcripts are in dialogue form. I cannot do any guesswork.
Bill
William,
回覆刪除Most of the lawyers are courteous to the bench. At times, you will see discourteous behaviour when the very experienced counsel just feel that their seniority and experience outshines the magistrates and judges. They will take a dismissive attitude and show no respect. In this case, Simon Westbrook, SC, prosecuting on fiat and on appeal. Clive Grossman, SC and Daniel Marash, SC, bore a snobbish attitude and looked down upon the judge. I cite one interesting paragraph here as an example,
500. Particularly unattractive is the spectacle which emerges of the use by certain counsel of over-casual terminology, sometimes addressing each other rather than the court, often several counsel talking all at once, sometimes all on their feet at once; and, on one occasion at least, leading counsel for the prosecution addressing the court when seated, and when asked to stand answering, with no apology to the court: “Well, I’ll get on my feet. That’s a leading question, and perhaps you could ask it more neutrally,” a remark addressed to another counsel as if the judge was not there.
The trial judges do not dare to offend the big guns for fear of retribution. The latter can bad mouth you and back stab you very easily. Remedios is not tough, which in a way attribute to the criticism by Stock. That is why I like Maggie Poon who is full of guts. These kinds of things will never happen in her court.
Bill