KINGSTON, Jamaica, CMC – The judiciary of Jamaica Monday said says it remains committed to upholding the island’s constitution and applying the statutes passed by the legislature as the debate continues over the decision of a High Court judge to bar the media and members of the public from the proceedings in the high profile murder case involving a former opposition legislator.
In a statement, the judiciary said it has long been established that cases before the Circuit Court Division of the Gun Court are held behind closed doors to protect relevant parties such as witnesses.
Last Thursday, Justice Vinette Graham-Allen told reporters and family members that no permission would be granted to cover the trial of Jolyan Silvera, who has been charged with the murder of his wife, Melissa. Silvera is due to return to court on February 8 this year.
However, the Press Association of Jamaica (PAJ) and the Media Association of Jamaica (MAJ) are calling for a reversal of the ruling.
The PAJ said that the principle of open justice is fundamental in Jamaica, where any public member should be free to observe court proceedings except in exceptional circumstances.
The Jamaica Bar Association (JAMBAR), in a statement, said that it had taken note of the media organizations’ call for a “rollback of the judge’s decision” that is further supported by the Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte, KC.
“The judge was, therefore, within her statutory discretion to prevent the media and the family members of the accused from attending the sitting. We regard the independence of our judiciary as of paramount importance. Our judges should operate in a system free of outside influences and pressure.
“If the PAJ believes its interests are adversely affected, we encourage them to follow established procedures. The judge cannot “reverse” a decision. If the court makes a ruling, there is the option of appeal, or an application can be made to the Constitutional Court.”
In its statement, the judiciary said that with Silvera being charged with murder and the offense of using a firearm to commit a felony, this activates provisions under Section 13 (1) of the Gun Court Act that defines the persons to be present in court for the hearing.
It also said that the legislation also outlines how the “Court may direct that (a) about any witness called or appearing before the Court, the name, the address of the witness, or such other particulars concerning the witness as in the opinion of the Court should be kept confidential, shall not be published and; (b) no particulars of the trial other than the name of the accused, the offense charged, and the verdict and sentence shall be published without the prior approval of the Court.”
The judiciary said that the judge is required to give effect to the policy reflected in the statute, which is to create an environment in which witnesses could attend and participate in the proceedings without their identities being made public or any information being made public that would enable them to be identified.
“When persons are indicted and placed before the Circuit Court, there is a default presumption of ready access to the proceedings by members of the public, including the media.
“On the other hand, when persons are charged and placed before any Division of the Gun Court (Parish Court Division of the Gun Court, the High Court Division of the Gun Court, and the Circuit Court Division of the Gun Court), the default position created by Section 13 of the Gun Court Act is that members of the public including the media are excluded unless they come within the exceptions,” the judiciary added.
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