Judge warns the media

JUSTICE Mark Mohammed has issued a stern warning to the media to be careful how they report proceedings in the conspiracy to murder trial of Jamaat-Al-Muslimeen leader Yasin Abu Bakr. Failure to adhere to the warning could land journalists on contempt of court charges. The warning was issued yesterday after both the prosecution and defence attorneys complained about reports and comments on TV6, I-95.5, and Power 102. When the matter was called in the Port-of-Spain Third Criminal Court yesterday, lead prosecutor Sir Timothy Cassel QC complained about the sensational reporting of the chaos at the Hall of Justice on Tuesday. He also reported that comments were made about the case by members of the legal profession.

Citing the 1996 Dole Chadee murder trial, Cassel asked the judge to warn the media, who may be tempted to venture into the same arena as two journalists did in that trial. Lead defence attorney Pamela Elder SC disagreed with Cassel that the reporting was sensational. She said the three daily newspapers reported accurately what had taken place at the Hall of Justice on Tuesday. “I could find no complaint of what the press reported today,” she told the court. Elder said her complaint was with TV6 which interviewed attorneys Prakash Ramadhar and Israel Khan SC. Elder also complained about comments made on Power 102 yesterday morning and during a call-in programme on I-95.5 on Tuesday afternoon. Elder stated that unless the court issues a stern warning to the media, the adverse comments will continue unabated.

Justice Mohammed said he was also concerned at what he heard on TV6 on Tuesday night relating to a certain issue in the trial. “Absolutely no mention was made of this in court yesterday,” he added. During the proceedings, Elder queried how some reporters knew how many jurors were summoned to the Hall of Justice on Tuesday. “Maybe, some reporters have an inside line about this.” Cassel said he was not criticising the print media, but pointed out that reporting matters without a sworn jury could lead to the media being called for contempt of court. Elder suggested that the radio stations be asked to refrain from entertaining callers who speak about the case as there is a danger that the hosts of these programmes may not be able to control the callers.

Justice Mohammed said both sides had raised an important issue and stood the case down for the prosecution and defence to formulate a way to deal with the complaint. One hour later, the judge returned to the court and issued his warning. He said if the media invites comments on the proceedings of the case in the absence of a sworn jury, the media could be in danger of facing contempt of court charges. “This warning is given to ensure a due and fair administration of justice,” Mohammed added. He said the court would appreciate if the radio stations refrain from inviting callers to comment on the trial. He also asked that attorneys respect the nature of “in camera” proceedings.

“The media should exercise due caution in reporting such specifics since that may in itself attract allegations of contempt of court,” Mohammed added. When the judge completed his warning, Elder started her legal submissions. She completed them at  1.27 pm following which Cassel took just 45 minutes to respond. Mohammed said he needed some time to review the submissions and the legal authorities. He said he would give his decision at 10 am tomorrow. Bakr, 63, is charged jointly with David “Buffy” Millard and others with conspiring to murder expelled Jamaat members Salim Rasheed and Zaki Aubaidah on June 4, 2003 at Citrine Drive, Diamond Vale, Diego Martin. Appearing with Cassel were Director of Public Prosecutions Geoffrey Henderson, Wayne Rajbansee, and George Busby, while Ken Wright and Owens Hinds Jr assist Elder.