…is a fundamental aspect of the criminal justice system and an essential safeguard of individual liberty. It ensures that every person accused of a crime has a fair opportunity to defend themselves, with the assistance of counsel of their choosing.
When an accused is denied the opportunity to retain counsel of their choice, who is best positioned to represent their interests and mount an effective defence, they are effectively denied a fair hearing.
Another serious impediment to an accused’s right to a fair hearing is the practice of compelling counsel to appear for an accused person when such counsel has neither been chosen by the accused nor can properly advance the defence. Imposing such obligations infringes upon counsel’s professional ethics and impairs their ability to discharge their duties effectively. The constitutional right to be represented by counsel of one’s choice is not merely a matter of preference but a crucial component of a fair and equitable legal process.
The concerns become especially grave when they arise alongside other possible erosions of due process protections. Judicial independence and impartiality are foundational to the rule of law. Where legitimate grounds for recusal are raised by an accused, it is essential that established procedures be followed by the challenged judge. Failure to do so not only endangers the fairness of the proceedings but also places an ethical burden on the prosecution to uphold justice and ensure adherence to due process.
When both judicial independence and prosecutorial integrity are in question, the role of defence counsel becomes critical. Defence counsel stands as the final safeguard of an accused person’s constitutional rights.
It is, therefore, essential that every accused is given a fair and reasonable opportunity to retain counsel of their choice.
The Bar Association of Seychelles urges all officers of the court to remain vigilant in upholding these principles and reminds all parties that justice must not only be done but must also be seen to be done.
—Source: The Bar Association
