A ground that never got off the ground
published: Friday | July 1, 2005

THE EDITOR, Sir:

THE HEADLINE entitled 'Counsel Cleared of Incompetence' on page A4 of Tuesday's (June 28) Gleaner is misleading.

In the case before the Court of Appeal, while it is true that one of the grounds submitted by counsel for the appellant, Dennis Daly Q.C. that counsel was incompetent, it was a ground that never got off the ground (pun intended). The learned judges did not allow counsel to argue the point, as it would seem that they had decided from the outset that the ground of duress was the strongest of all the other grounds submitted.

I applaud the effort of the appellant's counsel who made every effort to get an unsatisfactory verdict reversed and his Herculean efforts bore fruit in the end. Like the Law Lords in R v Clinton (a case in which the same point was raised), I must commend Mr. Daly for not allowing the paternal need to protect members of his own kind to overshadow his responsibility to his client. It is indeed representation of the highest level when an advocate recognises that in the interest of justice, every legitimate avenue must be explored. I would have been more content though, if the report had focussed on the grounds that were in fact argued, instead of being based on an issue that was not in fact raised.

I am, etc.,

HAROLD MALCOLM

bruce_26@hotmail.com

Faculty of Law, UWI

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