done rigorously, accurately and carefully in the first place, then injustice which flows is
almost incapable of correction thereafter.
It is essential, if injustices are to be avoided, at that very first point, wherever it may be
on an atoll or island or mountain town or a modern city every party has to be able to
get out their story, to be challenged about it, to hear the other sides story and c hallenge
it, so that facts can be found with reliability and equity.
But how do we achieve this when, in many of these Courts, there will seldom be
lawyers and, when there are lawyers, they are often people who lack the experience,
skill and knowledge to really present the case as it should be so as to exploit the greatest
advantage which can be obtained for the party they represent.
Its pie in the sky to suggest legal aid systems so comprehensive that there would be
relevant professionals all the time in every one of these Courts. So what then is the
Judge or Magistrate to do when confronted by a person who is unrepresented, or even
worse, represented by a person who is harming, not helping, their clients position?
Our systems are predicated on the basis of a neutral Judge in an adversarial system. The
unspoken premise is that each side has competent equally experienced counsel so that
the Court can be satisfied that the case, in all its manifestations, is being exposed so the
true factual position can be determined. But as you all know more often than not that is
not the case.