Magistrate cautions lawyers

By BOURA GORUKILA
A MAGISTRATE has cautioned lawyers about Section 96 statements after a lawyer representing Niuage Lawyers’ George Lau asked for another two weeks’ adjournment because he had been ill and was yet to get instructions from his client.
“I’ll administer the caution now, I understand that certain lawyers have a practice of writing the Section 96 statement, that’s not the process,” Magistrate Laura Kuvi said.
“Section 96 statement is obtained by the court.
“It’s an obligation by the court to put the statement to the defendant, the defendant then gives the statement.
“It is written by the court and that’s where the defendant signs in the presence of the magistrate and magistrate signs it as well.
“We have similar provisions to that of Queensland.
“There are high court decisions in relation to that and the failure to follow the process under Section 96 does affect the committal.
“So I’ll give the caution under Section 96.
“If your client wishes to still type out his statement, he can do so, but he will have to read it in court,” Magistrate Kuvi said.
She told Lau, the principal of Niuage: “The charge has been read to you and its nature has been explained to you in the ordinary language.
“You are standing here now on a charge of commissioning a false document, witnesses in the form of hand-up brief have been examined in your presence and now I address you as follows: “Having heard the evidence for the prosecution, do you wish to be sworn and give evidence on your own behalf or do you desire to say anything in answer to the charge?
“You are not obliged to be sworn, give evidence, nor are you required to say anything unless you decide to do so, but whatever evidence you give on oath, or you may say, will be taken down in writing and may be given in evidence on your trial.
“You are to understand that you have nothing to hope from any promise or favour, nothing to fear from any threat which may be held out to you to induce you to make any admissions or confession of your guilt, but whatever you may say may be given in evidence on your trial not withstanding any such promise or threat.
“So you understand this?”
Lau said: “Yes, your worship.”
Magistrate Kuvi: “Pursuant to what your counsel has asked, I will give an adjournment for you to consider this and advise the court on the next adjourned date, comply with your bail conditions.” The matter returns next Wednesday.