Legal fraternity, reporters review court reporting

May 23, 2009 News

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The last leg of the Media and Caribbean Justice System workshop ended yesterday at the Grand Coastal Hotel, Le Ressouvenir, East Coast Demerara.
The two-day workshop, which was held under the theme, “Upgrading regional media capacity to report on the regions’ justice system” saw members of the legal fraternity addressing what reporters, particularly court reporters, expect.
The first day’s speakers included Martin Goolsarran, who is a broadcaster with the National Communications Network, and Ms Inge Nathoo, Secretary-General of the Guyana National Commission for UNESCO
Both of them shared the common view that the workshop came at a timely point. Ms Nathoo said that one of the key elements of UNESCO is to mandate freedom of speech. She also noted that it was with great pleasure that UNESCO was a part of the workshop.
Meanwhile, Director of Public Prosecutions Shalimar Ali-Hack, in her address to members of the media, emphasized the importance of unbiased reporting, particularly in the courts. “Reporters must report what is said in the courtroom, and there should be an unbiased approach to courtroom reporting.”
Mrs. Ali-Hack said that courtroom reporting goes hand in hand with trying matters. She said that although a crime report may create a more “sensational” story, one must remember that it is one’s duty to report unbiased sections of a story. It was stressed that hearsay must not be included in reporting.
She further explained that in some instances one would pick up the daily newspapers and see what the defence counsel said only, making it look as though the prosecution is incapable of dealing with the matter.
“This may not be the case; it may very well be that the prosecution argued well with the defence, but some defence lawyers are given prominence over the prosecution and this is deemed unfair.”
The DPP also commented on the fact that reporters may be “hounded” in certain cases. She said that this could lead to unprofessional reporting.
It was noted that in some instances there should be no reporting, because it can hamper the investigation; it can lead to a (reporter) perverting the case.
She further pointed out that some cases are been leaked to media by law officers and that is something that needs to be addressed.
The DPP said that when this pertinent information is leaked to the media, the public is kept abreast of the matter, and in some instances the public should be locked out. Valuable evidence may disappear. She urged that there should be no obstruction by reporters.
PROFESSIONAL REPORTING
What is professional reporting? The DPP deemed this is when the reporter ensures that both sides are contacted and given an equal account of what really transpired.
She further explained that in some cases only one party might be speaking to the media. Ms. Ali-Hack however urged the reporter to be “sensible and knowledgeable” when this occurs, even suggesting that if this happens one can keep that report for future reference and not report on it.
She said that another aspect of professional reporting is when the reporter provides a quality report and not cheap reporting which would increase rating or increase sales for a newspaper.
She opined that judicial reporters should be qualified and somewhat experienced, adding that court reporting deals with “real people and their lives”, and that the reporter must report on what is directly said in the courtroom.
The DPP recounted an instance when she was delivering submissions in court.
There were no reporters in the courtroom still there was a report in one of the daily newspapers the next day. She said that article even quoted her.
Ms. Ali-Hack said that another key element of court reporting was the showing of photographs. She noted that showing the face of a defendant on the television or having it in the print media in the case of incest reveals the identity of the victim.
She said if a father is charged with incest and the reporter takes the photograph of the father automatically the public would know that he had sex with one of his children.
She lamented that at present there is no legislation to prevent this.
The Director commented also on domestic violence, which she noted is on the upsurge. She said that although it is on the increase, the male who is charged should be given a fair trial.
Ms. Ali- Hack also informed that once something is said in open court, it cannot be defamation.
She said that a person might feed the reporter with information outside of the courtroom, but the only thing one can do as a reporter is build on it, and the right approach would be handing it over to the police, not taking his/her own course of justice.
She also urged both television newscasts and newspapers to have lawyers who work with them giving legal advice when it comes to certain matters.
CRIME SCENE REPORTING
The DPP stressed that a crime scene should be preserved, adding that the police should really be the first people on a scene.
“The police need to be the first people on the scene, but in some instances that does not happen and you find reporters reaching there first.”
The DPP urged reporters that if and when this happens they should not touch any articles at the crime scene that may lead to the area being contaminated.
She also said that eyewitness reporting is not frowned upon, “but you as the reporter must urge the eyewitness to give a statement to the police.”
She noted that if the person goes to the police and tries to give a statement and the police do not take it, there are certain options that can be exercised to deal with the offending ranks.
The DPP also said that more files should be sent to her office before the accused appears in court.
She revealed that a majority of the files are sent to her after the cases are being heard in court, explaining that after this is done, some cases might not have any evidence to hold the defendant.

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