ETHICAL DILEMMA

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  • MOLLY JONES, 10  MISSING SINCE YESTERDAY AFTERNOON LAST SEEN GETTING OFF SCHOOL BUS
  • PLEASE FIND MY DAUGHTER
  • I WISH I COULD GO BACK AND CHANGE EVERYTHING...IT WAS AN ACCIDENT! IT WASN'T MY FAULT!
  • HMM.. SOMETHING DOESN'T SOUND RIGHT HERE!
  • FORENSICS HAVE FOUND TRACES OF BLOOD & HAIR ON THE WALL
  • The headline says it all... where is Molly?
  • I THINK WE'VE GOT ENOUGH TO CHARGE THE FATHER ON SUSPICION OF MURDER
  • WHAT SEEMS TO BE THE PROBLEM?
  • Molly has now been missing for 2 weeks and there has been no sighting of her.  Her father John Jones says he was home when his daughter was due to walk 50 metres from the bus stop to her home, however she never made it home. He denies having any involvement in Molly's disappearance and makes a public plea for her safe return. 
  • I AM NOT SURE WHAT TO DO... I HAVE A PROFESSIONAL ETHICAL ISSUE 
  • John Jones consults you as a result of the intense public scrutiny he has been subject to, with members of the public calling for his arrest, believing he is responsible. John adamantly protests his innocence however makes certain comments which you find alarming. You press him about it but he says he is innocent. 
  • Meanwhile, Police have obtained a search warrant for John's home and have found forensic evidence which they believe could belong to Molly.  They inform you as John's solicitor that they are intending to charge him on suspicion of murder. 
  •   You relay this to John who angrily states "They can't prove anything, I'm innocent!" You seek advice from your senior partner as to what to do.  He refers you to the Australian Solicitors Conduct Rules 2012.
  • It is important that you explain the situation carefully to John and obtain definite instructions when he is ultimately charged. There are instances when you can withdraw as his solicitor and cease to act if John insists on giving evidence denying guilt if he intends to assert his innocence.  Stay tuned for next week's instalment... how will John plead? 
  • TO PLEAD GUILTY OR NOT GUILTY....THAT IS THE QUESTION
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