Asian Beacon
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
A just and righteous God requires wrongs to be righted, and a crime is essentially<br />
a wrong against a fellow human being that has to be righted.<br />
and in so doing, enabling him to restore to<br />
his victims their imago dei.<br />
From the Christian perspective, to<br />
punish because the offender deserves<br />
to be punished is to respect him as a<br />
bearer of God’s image. Better still, if he is<br />
also required to make restitution for his<br />
wrongdoing, he will be taking personal<br />
responsibility for the consequences of his<br />
wrong and in so doing, he will be true to<br />
his personhood as one created in the image<br />
of God.<br />
Of course, as a Christian, I am very<br />
much committed to practising the ethos<br />
of Micah 6:8. The Old Testament prophet<br />
indicted the people of Israel for their sins<br />
declaring, “He has showed you, O man, what<br />
is good. And what does the Lord require of<br />
you? To act justly and to love mercy and to<br />
walk humbly with your God.”<br />
In 2004, I spoke on “Acting Justly”,<br />
based on this text, at the Annual<br />
Dedication Service of the Lawyers<br />
Christian Fellowship during the opening<br />
of the legal year. I reminded them that, as<br />
Christians who are also lawyers, we are<br />
called to uphold justice not only in the<br />
courts of law but also in the way we live<br />
our lives before the watching world.<br />
Defending the accused<br />
I am often asked how it is just for a Christian<br />
to defend someone who is guilty of a crime.<br />
The question belies a misunderstanding of<br />
the role of a criminal lawyer.<br />
In the first place, everyone is presumed<br />
innocent until proven guilty. It is not for<br />
the defence counsel to act as a judge. That<br />
is the job of the courts. It is the job of the<br />
prosecutor to prove his crime to the court.<br />
The defence lawyer, as David Marshall<br />
often told his students, is to fight for his<br />
client’s best interest, no matter how odious<br />
he is, because justice demands that he is<br />
given his day in court and gets the benefit<br />
of the best counsel available to speak on his<br />
behalf.<br />
As a lawyer, I am an officer of the<br />
court and it is my job to take my client’s<br />
instruction to defend him to the best of<br />
my ability. If he tells me that he did the<br />
criminal act, it will be my duty to advise<br />
him to plead guilty and my duty will be to<br />
mitigate for him.<br />
Some believe that lawyers defend<br />
criminals at all cost, including lying to<br />
court. On the contrary, I am duty-bound<br />
as an officer of the court to assist the court<br />
in arriving at the truth. The challenge is<br />
to do your utmost for your client and for<br />
the court in my dual capacity as defence<br />
counsel and officer of the court at the<br />
same time.<br />
To be a Christian lawyer is truly to<br />
“Give to Caesar what is Caesar’s and to<br />
God what is God’s” (Matt. 22:21).<br />
Dr William Wan, a retired lawyer and pastor, is<br />
a pioneer member of the <strong>Asian</strong> <strong>Beacon</strong> Editorial<br />
Board (in the late 1960s). He is currently the<br />
General Secretary of the Singapore Kindness<br />
Movement and Chairman of Prison Fellowship<br />
Singapore. A grand-dad of three teenagers, he<br />
is an ambassador for active aging and is on the<br />
board of several non-profit organisations. He is<br />
a published author and speaks and preaches<br />
regularly.<br />
a s i a n b e a c o n<br />
21