Justice more important than letter of law: judges

The presidents of three top courts agreed yesterday that judges and lawyers must ensure that justice is served, rather than the law being strictly followed to the word.
"The law is not justice itself. It's just the means to maintain justice. To ensure justice, it depends on people who use the law. They must be neutral and retain the goal of the law," Supreme Court President Chanchai Likhitjittha said. "To interpret the law strictly and ignore justice is against common sense. And it's not the right thing to do," he said. He was speaking at a panel discussion on the "Role of Lawyers under Royal Auspices", which was held at Thammasat University's Faculty of Law in the afternoon. Such a stance was disputed by former House of Representatives speaker Bhokin Bhalakula, who was a panel speaker at yesterday's event. Bhokin said laws should be strictly followed. "If you say the law is not good or is not fair and you can't follow the law, there will be a lot of problems. If enforcers of the law are not good, what should we do?" he asked. Many members of the audience appeared to disagree with Bhokin, a deputy leader of the ruling Thai Rak Thai Party. While those in the room where the panel discussion was held were mostly calm, many people in an adjacent room, to which the event was broadcast on closed-circuit television, jeered and booed from time to time while Bhokin was speaking. Some people in the smaller room even shouted "Thaksin, get out", the message used by anti-Thaksin protesters. Chanchai said yesterday that His Majesty the King's words given to senior judges in April reminded lawyers that justice is the first priority and more important than the law itself. "In a special situation like now, when there are gaps in the law, courts have the power to fill the gaps with their common sense that is based on the principle of justice," he said. Supreme Administrative Court president Ackaratorn Chularat said most court cases, current political problems included, were caused by the fact that one party did not receive the justice they felt they deserved. "If you can ensure justice, there will be a lot less problems," he said. Constitution Court acting president Parn Jantaraparn agreed, saying that judges should ensure that justice is served for the sake of social calm. The event was presided over by HRH Princess Bajra Kitiyabha, an alumnus of the faculty. Among those attending the seminar were Democrat Party chief adviser Chuan Leekpai, Attorney-General Pachara Yutithamdamrong, the Supreme Court president's secretary, Charan Pakdithanakul, and deans of law faculties from various universities.
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