Monday, 4 July 2011

NOT ALL LAWYERS ARE SCUMBAGS

So I was talking to a group of ladies today, and the subject of a recent criminal case in Victoria came up.

You may know the story of little Yasmina.  A two year old poppit that was brutally murdered by her father late last year, in an act of selfish revenge on his ex-partner; Yasmina’s mother.

This case involved the father tormenting the child’s mother over the phone, threatening to kill the child, then actually doing it, AND posting it on Facebook amongst other things.

His sentence in the case was handed down late last week; 33 years.  For the life of a two year old; 33 years.  We could go down the path of ‘the return of capital punishment’ for monsters like this, but that’s a rant for another day.  He’s out of society’s way for a long, long time, and we all have to roll with that.

What intrigued me today though, was that these ladies were criticizing the defence lawyer in the case.  They couldn’t understand how someone could defend a monster that was so clearly guilty, and that had killed his child.  What kind of person defended someone like this? What kind of person could sleep at night, knowing that he was trying to clear someone like this?  They were going on and on over their cups of tea, and it was obvious to me, that these strongly opinionated women had no fucken clue about the real world.

Now, being the person I am, I was becoming bored, and maybe even a little offended, by their ignorance, so I saw this as a golden opportunity to stir some shit, and dish out some reality.

‘If you ask me,’ I began, ‘I believe the defence lawyer actually did his job in this case.  He should be congratulated.’ 

You could hear the crickets in the silence that followed my comment.  They all turned to me, completely aghast.  ‘How can you say that?’

‘Quite simply,’ I smiled, holding my mug closer to my chest for moral support.  Like a fucken mug is gonna help me.  ‘The defence lawyer did his job.  It was an open and shut case, and he slammed the lid on the box as quickly as a hooker at knock off time.’

They just looked blankly at me.  Insert inward sigh.

‘How can you say he did his job?  He didn’t get the monster off?’

‘Not every defence lawyer needs to clear the client of their crimes.’ I explained.  ‘Every person out there is entitled to legal representation.  It’s a quagmire of paperwork, red tape and laws that most people could not negotiate in a million years, including the people that wrote them.  People need legal representation, just like this guy does.  In the end, it all comes down to what the defence lawyer does with the case.’

‘You’re saying he represented his client well?’

‘Yes and no.  He did represent his client well, because the client had no defence.  At all.  The evidence against him was so over whelming, that he could not realistically expect to be cleared of the charges against him.

The defence lawyers job is to assess the case, see if he can defend it, and if not, work out how he can minimise the impact against his client.  38 years was the minimum he was facing if it went to trial and he was found guilty.  Because of the legal system we have, he can actually get a reduction in sentence if he pleads guilty.’ I looked around at these ladies, and inwardly wondered if they were keeping up.  ‘So, his lawyer has said to him dude, complete waste of time. You’re screwed.  Plead guilty, and you may breathe free air in about 33 years.  And that’s exactly what he did.’

The ladies all nodded, thinking about this now from a different angle I guessed.  I sipped at my cuppa, smiling to myself.

‘Well, by doing that, I suppose it’s not costing the government so much money to go to court, is it?’ one lady said.

‘Exactly.’ I smiled.  ‘I think the man would have only appeared in court maybe three times.  Once for arraignment; once to enter his plea, and once for sentencing.  Don’t hold me to that tho.  Either way, it’s not going to drag out for months and months, nor is it going to cause any more pain to the poor families involved.  The defence lawyer did his job, and did it well.’

‘Oh, the poor families…’ one lady started.  ‘I wonder what his mother thinks about all of this…. She must be beside herself…’ and off they went again.

The only shame about this whole terrible tragedy is that we the tax payers have to support this monster for the term of his incarceration.  We have to pay for his food, his bedding, his medical bills, dental bills, fucken counselling if he needs it, and fuck knows what else.  Prick will possibly have a coffee machine in his cell like fucken Julian Knight.  Now THERE’S a nutjob.

Would it have been simpler to fry him?  Maybe.  Would it have been right? Maybe.  Who are we to take another life for one already lost?  Who are we not to?

Many questions.  Any thoughts?

Peace out.

1 comment:

  1. Your blog is great, it brings up some really interesting thoughts! On this one, I'm with you. His defence lawyer did his job. It would not have been easy to defend someone that has done this horrific thing but he did, and the guy got less than he actually could have.
    Should we take the life of one person who has killed another? I don't see why someone who has committed such a crime should get off so lightly as with the death sentence.
    Jail isn't the horrible bad place of early pentridge, but nor is it the quality 5 star hotel that many seem to consider. As a human being he has the right to be comfortable in his surroundings, which are now very restricted for the rest of his life. To take an eye for an eye won't bring the little girl back. I'm a mum, if anyone hurt my kids I may feel differently, but I've always said if it happened I wouldn't wish for the death sentence - I would however want just 10 minutes alone with the offender in a room without camera's. :) Defence lawyers have a hard job, they need to do the best they can for their client who they know is most likely guilty, they need to put aside their own thoughts and beliefs to do that. He did his job, good for him.

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