Issue report: no defence counsel present [1/1/08 – 5/5/08]
Defence Hearing Case name Right to defence counsel
counsel date
NO
1/3/08
Pusara
NO
1/3/08
Rodic
NO
1/3/08
Palameta
NO
1/4/08
Sando
The accused advised the court he wanted a
lawyer, but could not afford one. The preliminary-hearing judge did not respond and did
not enter the request in the record. Given the
serious …
The judge failed to advise the accused of the
right to a lawyer and warned the accused
against discussing his financial circumstances
during the hearing. This constituted a violation
of the right …
At the hearing, the accused appeared emotionally distressed and it was established that he
had a history of mental illness. Despite the fact
that it appeared that in the interests of justice
due to a mental …
After being instructed of his rights, the defendant indicated that he did not need a lawyer
and wished to represent himself at the trial.
Since it …
Despite the powerful information management capacity of a database, it can only
enhance the ability of a programme to generate useful reporting where legal advisers
continue to be engaged in all facets of reporting. Importantly, databases cannot take
the place of legal analysts who must still review case reports, analyse issues, and provide secondary reporting. Therefore, though useful, a database is only an organizational
tool. It is still the legal adviser who must oversee the quality of monitoring information
and provide the legal and analytical framework for synthesizing information, including
what information is accurate and useful.
86
Trial-Monitoring: A Reference Manual for Practitioners
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