March 1, 2021
By: James Kamara-Manneh
The Judiciary is the third arm of any democratic framework, while the media plays it role as members of the Fourth Estate. The media propagate ideas; serves the watch dog or at times play the devil’s advocate. Equally so, the Judiciary settles disputes between contending parties. Therefore both institutions are expected to complement each other.
Unfortunately, some officials of the judiciary are not holding the relationship in form that is expected of the democratic environment. We are appalled by the fact that some officials in the judiciary are denying access for media coverage of court proceedings. This is totally unacceptable.
The Judiciary is charged with the responsibility to refers to the rules of procedural law that consists of both hearing and determining cases in criminal proceedings, civil lawsuits or administrative proceedings by constitutional courts.
In case of civil or criminal offences, the subjects often find it prudent to settle the matter in a court and the process of listening to the evidence collected by the prosecutor and the defense of the accused in the presence of a judge is what is referred to as proceedings.
Therefore, both print and electronic media should be given the privilege to access various court proceedings anywhere. The Judiciary should not be a no-go area for Journalists.
However, for journalist to gain access to court sitting this institution believe there are some procedures and conditions that needs to be followed. The powers bestowed upon them to bar out the media, or even the public, during the witness’s testimony are applied to any individual actively involved in a particular matter.
Another incident which may warrant a Magistrate or Judge to order an embargo on media coverage is at the request of a particular individual or maybe due to misconduct/contempt. However, the latter has to be a witness or a victim of the crime at hand, an agent under cover, a police informant or a juvenile. The request also goes through if the case involves trade secrets, divorce proceedings or a hearing that is evidentiary despotic.
In Sierra Leone the level of media coverage on various court matters has of late been on the increase. Facts reporting on both civil and criminal matters is been appreciated within the public, it is on this footing we think that the media should be of importance to the Judicial system likewise the Judiciary to the media.
It can be commonly agreed that the media is the best channel through which the public learns of the judicial process. This may be in writing as for the case of newspapers. Others like television recorded video tapes and radio can never be left out, this majorly operates at designated frequencies. All this media outlets have relatively dissimilar and unidentified audiences who have different interests. There are those that are interested in a particular case maybe for their own study purposes, or personal interest etc. while others want to scale the Judiciary. The duty of the media however may, cloud this view by the manner of coverage.
Media is responsible for creation of hype among the public according to the manner in which cases are depicted. The media can make the public for instance take side with an accused person (s) or witnesses or it can create national debate.
The judicial process usually attracts a lot of attention from the public in that people want to be furnished with information on the progress of the case. It is in the wake of these concerns that media becomes instrumental; media will convey the proceedings of the judicial process as well as air out views of the public concerning the verdict arrived at by the judges. The media plays vital role in this process.
Recent times, complaints have been tabled to various media editors from their court reporters that some court clerks within the Judiciary have been exhibiting reactionary behaviors to them.
As explained earlier, our role within the court rooms is so pivotal that if the media decides to slam media blackout on the successes and progress of the Judiciary, they will find it unplesant and the citizens or litigants will be affected.
One of the strong pillars of Judiciary reporting is to be factual, factual with the truth and the exact happenings within courtrooms. It is in this light that the media continue to hold to its firm core of ACCURACY.
Cross checking facts during news gathering is fundamental to every professional Journalist. Therefore, let there be an atmosphere were court reporters can fact check information before publication. Court clerks are refusing to allow media people access to peruse their files, while others are given access which is unfair.
Perusing court files help reporters to report corrects charge (s), the names of accuse persons and complainants, statements from Magistrates or Judges and any other relevant information. That has not been happening of late. Impolite and unaccommodating approaches from these civil servants who are paid from our taxes talk to Journalists in a manner that is repulsive.
Of later, the media have engaged in disseminating the good and developmental reforms that are ongoing within the Judiciary. Once a court official, now Journalist, I can safely attest to the facts that the present Chief Justice Hon. Desmond Babatunde Edwards has been the best. His developmental strive is impressive. With an international standard, the Judiciary deserves professionals, people who are tame and well brought up to work at staffs.
Fairly, under the present CJ the media has been enjoying some amount of flexibility and respect which we deserve as members of the fourth Estate. It is in no way possible that members of the media will allow some bad eggs to tainst the good image of the Judiciary under the esteem leadership of the Chief Justice Edwards.
Gone are those days where Journalists are shunned like bundle of rags. Gone are those days when media Practitioners are driven out of court sitting without any justification. In as much as both institutions depend on each other, respect is reciprocal as well.
Many will agree that in spite of the efforts at pushing through reforms of the Judiciary, several challenges mentioned continue to beset the judiciary, which if not boldly confronted, will continue to situate the judiciary in the muck of our unpalatable recent history, causing it reputational damage.
Hence, the media plays a pivotal role of providing the general public with educational reporting of all the happenings during and after the court proceedings. The media coverage ought to be shaped to fit well with the rules of judicial process that are designed to ensure justice is delivered.
This article is restrained not name names but it the trend continues, we come out precisely.
