COURT ORDERS GAG

Justice Alan Mendonca’s gag order on the Media, preventing it from reporting his ruling on an application by a dismissed Executive Manager of the Unit Trust Coporation (UTC), Renrick Nickie, who challenged his dismissal is, technically, a limiting of the Freedom of the Press. Nickie had been Executive Manager, Marketing Operations and Information Systems, UTC prior to his dismissal. Why did the Court give such an order? It is unfortunate that Justice Mendonca did not advance the reasons for his ordering of the gag, particularly as in depriving the Media of the right to report his ruling, he has, however unwittingly, deprived the public which is served by the Media and depends on it to be kept apprised, of the right to know what the ruling entailed as well as the reason which prompted the gag order.

Justice Mendonca’s imposed the gag following a request by the UTC’s attorney that it be applied and the advice by Mr Nickie’s attorney that he had no objection. Nonetheless, any limiting of the public’s right to know, a right inferred by Section 4 (k) of the 1976 Republican Constitution — Freedom of the Press — would be more readily understood and appreciated if accompanied by explanation and ipso facto the allowing of scrutiny. This matter, after all, is an issue of public interest. And even as we recognise that a Judge has the power to refuse to entertain members of the general public in his Court and can order the Court cleared of all except lawyers, the accused, witnesses, Police officers and Court reporters, this is done only in exceptional circumstances. This relatively extreme action has usually been accompanied by reasons advanced. Recent issues reportedly confronting the Unit Trust Corporation have generated heightened public interest in the Corporation and its affairs. The Court challenge by a senior UTC executive of his dismissal from the Corporation has, understandably, provided added value to the interest. The public has a right to know what is going on.

The use of the gag order device has been relatively seldom used. The one which generated the greatest public interest within recent times was that in which the Press had been ordered not to carry the name et cetera of one of the accused in the high profile Dole Chadee (Nankissoon Boodram) trial, who had turned State witness. Chadee, along with several other persons, had been accused of the murder of some members of the Baboolal family. The penalty for disobeying a gag order can be severe. Indeed, a newspaper Editor was jailed for not complying with the gag order in the Dole Chadee murder trial. More recently there was the gag order involving a coroner’s enquiry. Our position is that it is not the role of the media to protect any Government, organisation or corporation. It is our role to report the facts. Justice is not a cloistered virtue.