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Forum => Kenya Discussion => Topic started by: veritas on July 21, 2019, 03:32:23 PM

Title: I got assigned the pedo case
Post by: veritas on July 21, 2019, 03:32:23 PM
I screamed I would never ever do a pedo case but from luck of the draw I got assigned the pedo case. Arrrrgh !! I need to defend a pedo. I was jotting down some case notes at the airport & some kid sat next to me & I vomited.

Title: Re: I got assigned the pedo case
Post by: Omollo on July 21, 2019, 03:49:02 PM
How time flies. You became a barrister in Australia
I screamed I would never ever do a pedo case but from luck of the draw I got assigned the pedo case. Arrrrgh !! I need to defend a pedo. I was jotting down some case notes at the airport & some kid sat next to me & I vomited.


Title: Re: I got assigned the pedo case
Post by: Dear Mami on July 21, 2019, 03:57:47 PM
I screamed I would never ever do a pedo case but from luck of the draw I got assigned the pedo case. Arrrrgh !! I need to defend a pedo. I was jotting down some case notes at the airport & some kid sat next to me & I vomited.
I remember my Ethics class very well, Veri. Isn't it unethical to proceed with a case if you feel you cannot in good conscience defend your client to the best of your ability? I remember saying clearly I would always decline pedo cases because I have a strong pre-existing bias that conflicts with the duty to defend your client well. I would also recuse myself if I was a magistrate/judge sitting on such cases, unless there really was no other choices. It's impossible for me to look at a man accused and a 4 year old who was raped and pretend dude is not already sentenced in my mind. I saw several such cases in Makadara, long ago, and I had no idea how the magistrate was genuinely listening to the evidence. I always thought they were all guilty. Impossible that such young children could make/dream up all those detailed stories about sexual matters. I'll be fairer if the complainant is an adult, not just a few years past infancy. Some are basically still toddlers!
Title: Re: I got assigned the pedo case
Post by: Nefertiti on July 21, 2019, 05:04:21 PM
I screamed I would never ever do a pedo case but from luck of the draw I got assigned the pedo case. Arrrrgh !! I need to defend a pedo. I was jotting down some case notes at the airport & some kid sat next to me & I vomited.
I remember my Ethics class very well, Veri. Isn't it unethical to proceed with a case if you feel you cannot in good conscience defend your client to the best of your ability? I remember saying clearly I would always decline pedo cases because I have a strong pre-existing bias that conflicts with the duty to defend your client well. I would also recuse myself if I was a magistrate/judge sitting on such cases, unless there really was no other choices. It's impossible for me to look at a man accused and a 4 year old who was raped and pretend dude is not already sentenced in my mind. I saw several such cases in Makadara, long ago, and I had no idea how the magistrate was genuinely listening to the evidence. I always thought they were all guilty. Impossible that such young children could make/dream up all those detailed stories about sexual matters. I'll be fairer if the complainant is an adult, not just a few years past infancy. Some are basically still toddlers!

Jilted people can and do coach kids to lie about rape or other crimes. There was a thread on it right here - a girl confessing to have been coached by the mom to nail the dad. Dude has already been incarcerated for 10 years. I personally know of quite a few such cases. Always be objective no matter what. Or well recuse yourself. I think lawyers and judges have to have an innate ability to segment personal feelings from their work.
Title: Re: I got assigned the pedo case
Post by: veritas on July 22, 2019, 01:04:03 PM
Thanks guys. Omollo I'm in law school & assisting with cases.

Dear Mami, thank-you so much. It's very good to know there's the option of recusing myself given my strong Christian values. As a law student I don't have a choice in the matter and apparently I've been told 90% of supreme court /high court cases are gonna be defending pedos, murderers or rapists. I made it clear to my fellow student colleagues and even sung like a bird about how one day given my keen interest in intellectual property & patents that I would score that big case make millions & retire. So my buddy who wants to go into criminal law prisons & that shady world ends up assisting in a Google AI lawsuit and I end up with a pedo Bishop.

Robina to answer your question he's already admitted guilt. Indescent assault on boys & sexual penetration of a 5 year old girl. This isn't about a plea bargain or lightening his sentence. The law favours pedos because criminal law sets a high bench- the jury needs to be convinced beyond reasonable doubt. This is about a suppression in light of public pressure/adverse media instead of a permanent stay or acquittal.