Decision on CNC3 for contempt, Jan 27

Gaspard said it would be a mockery to the criminal justice system if neither party is held liable to a fine after the media group accepted responsibility for a news broadcast which was aired during the trial of Laventille resident Barry Alphonso.

Proceedings against the television station came after Gaspard viewed footage of an interview conducted on CNC3 news, and held the view “that the line had been crossed”.

Alphonso, 43, of Dorata Street, Laventille, was found not guilty a few weeks ago by a nine-member jury for possession of arms and ammunition. It was Alphonso’s attorney Wayne Sturge who informed the court about the contents of the case being aired. Sturge represented Alphonso during the criminal trial. At a hearing yesterday before Justice Prakash Moosai — who also presided over Alphonso’s trial — Ian Brooks, the attorney representing the Guardian Media Limited’s managing director Gabriel Faria, reiterated his client’s contrition and remorse.

Guardian Media Limited is the parent company of CNC3 and Brooks provided the court with a copy of the company’s corporate structure, pointing out that the three media arms — print, radio and television — worked independently of each other and often competed with each other.

Justice Moosai, who admitted the issue of sentencing was a troubling one, said he will give his decision on January 27, 2012. DPP Gaspard, in response to the plea in mitigation advanced by both Brooks and Sean Cazabon, who appeared for CNC3’s head of news Rosemary Sant and reporter Khamal Georges, said the contempt committed by the media house should attract a greater sanction as it involved a dark and complex matter which had the potential to undermine and disfigure the administration of justice. Gaspard said the offending broadcast had content which was likely to impair with and impede a fair trial for the accused, therefore deterring and further impeding the administration of justice.