Barbara Ellington, Lifestyle Editor

Patrick Foster, acting deputy solicitor general.

The law firm Nunes, Scholefield, DeLeon and Co (NSDCo) has many reasons to celebrate. It is 80 years old this year and there is a new Queen's Counsel (QC), as well as a senior partner with a brand-new master's degree in marine law, at the firm. They are former Deputy Solicitor general Patrick Foster, QC, and Lowell Morgan, senior partner.

Foster, who began practising law in 1982, is a specialist in civil litigation and he was appointed QC last year but began at NSDCo in August. The prestigious title is usually given to lawyers who have practised for over 10 years and distinguished themselves as advocates in the courts.

Outstanding cases

Foster has appeared in a number of outstanding cases and argued before the Privy Council (PC) in the case that saw Leebert Ramcharan being extradited to the United States and his conviction for drug crimes. He also appeared in the Lambert Watson appeal before the PC, along with then Solicitor General Michael Hylton, and the Air Jamaica pension fund case which resulted in the airline's employees getting access to the surplus.

The vexed question of hanging is once again in the headlines, so Flair wanted to know where Foster stands on the matter?

"I am opposed to the death sentence on moral grounds. We should be focused on ensuring that the criminal justice system operates swiftly and efficiently. We need to ensure that the process of investigating crimes, charging persons and having trials proceeds speedily, fairly and efficiently."

The QC also pointed out that if a criminal knows he is likely to be caught, tried and sent to prison speedily, he would think twice. He feels the current debate is diverting us from the bigger issue.

Foster pointed to the fact that we cannot hang someone until they have used up the five-year period to exhaust all their avenues of appeal against a death sentence (Pratt and Morgan PC ruling). But in Barbados, they have passed a law nullifying the PC decision."

So with the wave of demonstrations by gays in the United States over the vote taken against their right to same-sex marriage, does Foster see Jamaica in the future softening its stance to the point where homosexuals are allowed to marry? Based on our strong Christian values, he does no see us agreeing to marriage between same-sex couples any time soon nor does he think it should be allowed."

Most exciting

Still, the most exciting thing about practising law all these years for Foster has been his contribution to making sure that the rights of citizens are protected and that justice is upheld. His biggest disappointment is that Jamaica has not yet undertaken a massive and comprehensive reform of our justice system and are lagging behind some Caribbean islands that place greater priority on their system and its administration.

The graduates

And, regarding the quality of lawyers leaving the university today (over 70 called to the Bar last Thursday), Foster is happy with the calibre he is seeing. However, he thinks there is a lack of opportunity for them to get on-the-job training like a few decades ago.

"Many of them do not get the guidance and tutelage from senior lawyers like I did as a young lawyer; I had the benefit of eminent persons like Emile George and Dennis Morrison, QC."

Foster, who is married, with three daughters aged 15, 16 and 18, is a car enthusiast who loves to learn all he can about styles, designs and performance in the automotive industry. He is a vegetarian, having been in transition from all meat and poultry for over 15 years, and he stays in shape by jogging three times a week.

Patrick Foster, QC, says the essence of marriage is a legal and spiritual union between a man and a woman; if we are going to allow same-sex couples to marry, he says, we are redefining marriage. - photo by Barbara Ellington