The Importance to take on lost causes

I was delighted to see a story about Subhas Anandan (Public Defender Number One -12 November) on the front page of Weekend TODAY. I believe Mr Anandan plays an important role in Singapore.

Is Mr Anandan a self-promoter? The mere act of taking Anthony Ler, Ah Long San and similar characters as clients’ guarantees publicity that easily translates into more business. Mr Anandan’s financial rewards have been undoubtedly good. But he has earned it. Taking on ‘lost’ causes requires certain strength of character.

Take the case of Tok Leng Hua and Huang Na’s murder. The disappearance of the toddler captured the nation’s imagination. When the gruesome details of how she was sexually assaulted were revealed, Singaporeans were rightfully revolted and the normally placid public became emotional. Even Tok’s innocent wife bore the brunt of the public’s anger. It takes something special to defend, let alone associate with, someone or something that is the focus of intense public anger.

Mr Anandan claims that he does what he does because he believes in concepts like ‘innocent till proven guilty,’ and the fact that everyone deserves the right to legal representation. One might argue that there’s nothing special in believing in these concepts because they are enshrined in our legal system. It’s simply easier to internalise the desire for retribution than ‘airy fairy’ concepts like these. This is especially true when the crime is especially heinous and a perception of guilt has been established by the public.

Personally, I blame Hollywood. We watch too many cop shows and sympathise and even applaud whenever we see the policemen beat up an ‘obvious’ bad guy. We cringe when a ‘slick’ and ‘sleazy’ defence lawyer prevents the ‘bad guys’ from getting the punishment they deserve.

That’s a tragedy. We forget that the police and public are not always right in assigning guilt. When we convict people wrongly we take their lives away, either through prison terms or capital punishment. This is something we should not take lightly. No legal system in the world can claim to ‘always’ ensure the right person is punished. Sometimes the wrong person does get convicted. But while no justice system is fool proof, civilised societies can do as much as they can by ensuring that those accused of crimes are defended by lawyers who believe in fighting for their rights, regardless of whether they are innocent or guilty.

In Singapore we take pride in the efficiency of our system and are constantly trying to make it more efficient. This laudable when it comes to economics but the drive for greater efficiency should never compromise the human element, especially when it comes to the justice system. Unfortunately we seem to have forgotten this. Our Home Affairs Minister has already argued that it is right to deny suspect’s access to legal council until the police have concluded their investigation because a defence council might ‘coach’ witnesses and impede the prosecutions case.

That disturbs me. Although our government is benevolent, this situation will not last forever. Individuals need more checks against the power of the state not less. The Chief Justice has already admitted an innocent man can be hanged in Singapore due to a lack of procedure in the justice system. This situation does not present our justice system in positive light either on the global stage or to our own people.

What can we do? Singaporeans have to be aware of what it means to send a man to prison and act as their conscience dictates. And in the mean time, we should be grateful that there lawyers like Mr Anandan who believe in fighting for our rights.

Copyright: Tang Li (C)2006