Seychelles Media Commission’s editors’ forum |27 October 2015

CJ clarifies gagging order and need for fair reporting

Every accused person should have a fair trial and it is important therefore that nothing which would be likely to interfere with a fair trial is allowed to happen.

Chief Justice Mathilda Twomey explained this to local newspaper editors and journalists present at yesterday’s third editor forum organised by the Seychelles Media Commission at the Citizens Engagement Platform of Seychelles (Ceps) conference room.

The CJ was making reference to the gagging order made by the Supreme Court in the Damienne Morel murder case, adding that once the jury in the case has been empanelled the media will be allowed to report on the case, but only in an accurate, fair and not malicious way.

Chief Justice Twomey pointed out that “court reporting is a very specialised field of reporting” adding that “it is not similar to the reports of other events that take place in everyday situations”.

She noted that most democracies have training for court reporting for the very simple reason that the main aspect of court reporting is to respect the right of any person to a fair trial. Because of the right of a person to a fair trial there are certain procedures that must be followed in order to make sure that happens.

The main reason for fair trial reporting is that contempt of court proceedings may be taken against reporters. So if a journalist interviews a witness before a trial or during a trial, or even put pressure on a witness to provide information at the trial, he/she stands the risk of being prosecuted for contempt of court.

Court reporting is limited to a reporter stating the name of the court, the judge dealing with the case, a summary of the charge, the names, addresses, ages and occupations of the accused person and the witnesses, and the lawyers involved.

The CJ made it clear that in all cases whether the trial has started or not, journalists should not publish the names of children, not say where they live, the schools they attend, because there is protection of children under the Children’s Act.

The CJ strongly pointed out that media practitioners should understand and follow the sub judice rule which means something is under judgement – the matter is being considered by the judgement has not been forthcoming.

“Because nobody should be tried and convicted by reporters or the social media, the sub judice rule applies. It is the job of the court and nobody else’s to decide whether anyone has committed an offence.

“If I see anything in a statement in a newspaper that leads somebody to believe that somebody is guilty before he/she has even be convicted before a court of law, obviously you have flouted the sub judice rule. You’ll be subject to contempt of court proceedings. A journalist’s job is to report responsibly,” said CJ Twomey, adding that people could have brought up cases against journalists here after many of the statements reported in some local newspapers.

“Your only protection is that the report was fair, accurate and not malicious,” she added

She also noted that because the legal language in Seychelles is English, some reporters and social media commentators do not understand the substance of the orders made, or the substance of arguments that go on in court, therefore misreport what takes places.

The CJ explained that even some lawyers do not follow some of the legal arguments sometime because it is a very sophisticated language to use with a lot of legal jargons.

In terms of the gagging order, she said there was an application made by the two defence lawyers for the accused person and that was supported by the Attorney General.

“When this takes place in court, the court is bound to act on the motion of the two lawyers,” said the CJ, who added that the lawyers brought copies of the articles to show they were inaccurate.

The CJ explained that the lawyers made the request because the jury in the Damienne Morel murder case has not been empanelled and a report in the TODAY in Seychelles newspaper has already painted the accused in a bad light before the case had been heard.

She noted that they are having a big problem getting a jury as they can’t take people who have already served, people who are engaged in operations that need their presence, for example doctors, nurses. “It’s a huge task in a very small country, especially in a country where we are all related or know each other and nobody wants to come (forward) because they know the person or a family of the person. This is why we try to shut out what took place or what allegedly took place even before the case is heard,” explained Mrs Twomey.

But the CJ informed those present that the gagging will be lifted after the jury has been empanelled as there is no way the jurors will be influenced as the judge will guide them.

The court will work in partnership with the press to disseminate what goes on in the courtroom as long as it is accurate, fair and not malicious, said CJ Twomey who noted that it is important the identities of sexual victims don’t go out because they are shunned by society, thus affecting their daily lives.

“It’s very upsetting when matters like that are reported on,” she said.

Meanwhile, the Seychelles Media Commission (SMC) sent out a communiqué yesterday in which it states that press coverage in recent weeks, and in particular since the formal proclamation of the forthcoming presidential elections, has given rise to an increasing number of unethical practices by editors and journalists.

It says the issues range from lack of fairness, accuracy, character assassination and personal attacks.

“The SMC deplores such practices as it undermines the role of the media in democratic elections. While the press is free to align itself to a political party, editors should be mindful that the rules governing media ethics prevail and thus should distinguish between news, opinion and conjecture. The commission would like to remind editors and journalists of the need for accuracy, balance and fairness in their media reports and to ensure that good taste and decency is observed,” writes the SMC statement.

It adds that public debate on national issues is healthy in a democracy and should be encouraged, but the discourse should be at par with best practices, in particular respecting institutions and the privacy of individuals.

The commission has urged the media to allow itself to be guided by the code of conduct for the media and to assume their role as guardians of democracy in a responsible manner.