Justice delayed – a common practice today

Jan. 25. 2016
Archbishop Emeritus, His Grace, Most Rev. Dr. Oswald Gomis’ Homily at the Red Mass organised by the Catholic Lawyers’ Associationan.

A one time Prime Minister of Sri Lanka, himself a qualified lawyer said. “The independence of the Judiciary is the citadel of democracy.” This is true indeed. At a time especially when we were under the British, our Judicial network was held in very high esteem and admired even by the British.

When we talk of the judiciary it is not their Lordships, the Judges of the Court that I speak of. I refer to the whole judicial structure – from the bench downwards and especially the lawyers. Unfortunately, there are some in the profession who are totally blind to the need and welfare of their clients. There was a time when we believed in the principle that ‘justice delayed is justice denied’, but this has become a common practice among some members of your fold to agree mutually and drag on the case to the great inconvenience of the clients. In fact I know of some persons who have been reduced to penury because of such harassment.

Naturally, a lawyer has to defend his client but it would be wrong to promote evil doings often to the detriment of the innocent party, just because one is paid. All this happens I believed because we have lost the basic values of religion. There was a time when the link between religion and law was broken to large extent especially due to the long drawn thirty years war in which thousands were killed owing to religious differences. As a result of such incidents law began to be distanced from religion. This was stated by justice C.G. Weeramantry at a recent Memorial Oration at the Aquinas University College.

Moral and ethical values

Today we have in Sri Lanka a similar tendency perhaps due to the lack of religious education and formation and the speedy commercialization of almost every aspect of human life. Moral and ethical values have fast disappeared. Anything and everything could be bought and money is the only factor that matters. Unfortunately, this tendency is also affecting our legal system if I am right. Thus the integrity of the judicial process, peaceful settlement of disputes, assistance to those in distress, respect and love for one’s neighbour are all thrown overboard.

Even though in the literature of almost all the world religions there is a remarkable degree of agreement on the integrity of the judicial process we as Christians have the teachings of Our Lord and Master to guide us. If we take the Sacred Scriptures we find perhaps the most harsh condemnation of Jesus was that of the lawyers of the time. He was strong in His condemnation of the way in which lawyers and judges confine themselves to the letter of the law ignoring the principles behind it. He vividly described how they polish the outside of the cup of justice, while the inside is full of impurity, how they seek to make their learning a means of advancing themselves, rather than serving their brothers and sisters, and how they swallow the flies but let the camels escape. (Mt. 23). Justice Weeramantry stated this too very clearly in his Oration.

It is very significant that we are celebrating this day during the season of Advent when we are looking forward to the celebration of the birth of Christ. We talk of Peace on earth. That is what men of every era have most eagerly yearned for, but it can be firmly established only if the order land down by God is dutifully observed. How often do we strongly act in contrast to this order laid down by God.

Basically we know that God has implanted in each one of us a conscience – a natural law that tells us what is right and what is wrong what we should do and what we should not do. When that is so how could we undercover of our knowledge of the law perpetrate acts most atrocious against our innocent and unsuspecting clients like turning their deeds of lease to outright transfer of property to ourselves. Is it not outright robbery? I am not talking in the air. As I say this I know cases where this has happened and perhaps still happen.

Spirit of the Gospel

Whatever may have been the past or whatever may be the present. The future is there for us. It is for us Christians as the Salt of the earth and the Light of the world to imbibe our esteemed profession with the spirit of the Gospel. It is not enough to be illumined with the gift of faith and enkindled with the desire of forwarding a good cause. We have to reform our attitudes and make a conscious effort to change the order of things. We should strive to elevate our fraternity to an order that is genuinely human, that is, to an order whose foundation is truth, whose measure and objective is justice and whose driving force is love. This we have to begin in each one of us.

Whatever may be our position in life we have the greatest command of the Lord as He enunciated “Love one another as I have loved you.” He repeated “By this shall men know that you are my disciples if you have love one for another.”

So, my dear members of this esteemed profession, God has given you the gift of learning and the grace to achieve this dignity line life. God loves you. All He wants is your love in return and that is possible only if you live as men and women of integrity and justice. Being primarily dedicated to serve your clients and not to exploit them. To be of service to them and not exploit their ignorance of the law. To help them by accelerating the process of law and not to drag on to force them into penury.

We call ourselves Christians. Yes, that is what we are and being so there must be an integration of our Faith and Action. Our lives must be affected by Christian motivation and inspiration. We should not permit any consistency between our religious belief and action in the temporal sphere. Or faith should be present as a beacon to give light and charity, as a force to give life.
May God Bless you, with courage and the Holy Spirit enlighten you!

Courtesy:The Messenger