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SINGAPORE – The recent high-profile acquittals of an Indonesian maid accused of robbery and a Nigerian accused of drug trafficking, both represented by pro bono lawyers, along with the death of the founding president of the Law Society Criminal Legal Assistance Scheme ( CLAS), has put this group of lawyers back in the spotlight.
On Thursday (September 17), Nigerian Ilechukwu Uchechukwu Chukwudi was released from pretrial detention after nine years, having previously been convicted of drug trafficking after a series of twists and turns in the Supreme Court. He was represented by pro bono attorneys Eugene Thuraisingam, Suang Wijaya and Johannes Hadi.
Furthermore, on September 4, Indonesian domestic worker Parti Liyani was acquitted by the High Court of four counts of robbery from the family of former Changi Airport Group Chairman Liew Mun Leong, who had previously been convicted of a district court in March of last year. She was represented by pro bono attorney Anil Balchandani, who was approached by the Humanitarian Organization for the Economics of Migration, a non-profit organization.
Meanwhile, prominent senior counsel Harry Elias died last month, his name “inextricably linked” to CLAS, which “provides access to justice for the indigent,” Law Society President Gregory Vijayendran said. He added that the greatest legacy of Elías, as founding president of CLAS, was to give “justice to the weakest in society.”
The State provides pro bono attorneys through two main schemes. Under the Capital Crimes Legal Assistance Plan (LASCO), the State offers free legal representation to all defendants facing capital charges in Superior Court. No means tests or eligibility criteria are imposed. Usually two attorneys are offered to the defendant.
Meanwhile, to qualify for legal representation under CLAS, which covers some non-capital crimes, there is means and merit tests; The assignment of an attorney to a defendant depends on the merits of the case.
Approved applicants may be required to pay a copayment amount, depending on the person’s means. CLAS is within the purview of the Pro Bono Services Office of the Law Society, a registered charity.
In addition to these schemes, there are numerous free legal clinics where non-profit organizations and the government provide basic legal advice and information to those in need.
Why are pro bono lawyers so important?
Speaking at a ceremony last month to admit new lawyers to the Singapore Bar Association, Chief Justice Sundaresh Menon reiterated the importance of access to justice.
He said: “There is an important relationship between unequal access to justice and socioeconomic inequality, which is one of the great challenges of our time and, indeed, one that the pandemic has brutally exposed in many societies.
“Unequal access to justice fosters asymmetry in the ability to claim rights. This perpetuates and exacerbates the socioeconomic imbalance, which in turn reinforces disparities in the ability to access and pay for essential legal services, ”he added.
This is a vicious cycle in which lawyers can play an important role in ending, said the Chief Justice.
In his speech, CJ Menon also encouraged new attorneys to undertake pro bono services, “both as an essential part of their learning and development and as a means by which you can give back to society and remain rooted in why you came. to the law.
“Now more than ever, pro bono services will be critical to supporting access to justice for those who cannot afford it … By giving your time, efforts and skills to the most vulnerable members of society, you will not only find your skills as lawyer were sharpened, but also enjoyed some of the most memorable and significant commitments of his professional life, “he added.
Parliamentary debate on access to justice
Parti’s case sparked what People’s Action Party (PAP) Member of Parliament (MP) Tan Wu Meng called “deep concern” and has tabled parliamentary questions regarding the case for the next session. Among other things, Tan is asking the Minister of Home Affairs and Law, K. Shanmugam, what proportion of the foreign domestic workers accused, convicted and acquitted of theft from their employers had legal representation.
