Central Malaita Student Association Blog Site: High Court warns against comment on cases

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Wednesday, February 21, 2007

High Court warns against comment on cases

PFnet news
21/02/07

Registrar of the High Court, Mr Nelson Laurere today issued a warning about public comment on cases currently before the Court, saying that unwise comment may amount to contempt of Court.

In particular, the Registrar was referring to an article reported on page 1 of Friday’s Solomon Star (No. 3293) concerning the case of Julian Ronald Moti v. Registrar of the High Court, His Lordship Justice Brown and the Attorney General (CC 437 of 2006), and subsequent letters to the Editor.

“It is very important that anyone making or publishing public statements about the results of court cases ensures that they are accurate and the reporting is fair. The suggestion that the case brought by Mr Moti was successful is not correct. In fact, His Lordship the Chief Justice refused leave to Mr Moti to apply for relief under the provisions of s.18(1) of the Constitution on the grounds that his rights had been contravened in the earlier case brought before the His Lordship Justice Brown in the High Court,” Mr Laurere said.

In that case the High Court found that:
1. Mr Moti’s rights were not contravened by the Hon Justice Brown when he refused to hear the original case because the proceedings were brought in the name of the Queen;
2. Mr Moti’s rights were not contravened by the publication of the decision in that case;
3. There are adequate alternate means of redress available to Mr Moti in place of the relief under the Constitution which was sought; &
4. Mr Moti is to bear his own costs of the proceedings.

In this particular case there is also the prospect of further proceedings before the Court, either by way of an appeal against the Chief Justice’s decision or in the original proceedings.

In these circumstances it would be in the interests of justice for all concerned if any public statements and reporting were confined to factual statements to avoid any further risk of prejudicing a fair trial and the serious consequences which may flow if that were to occur.

“Any public statement which prejudices a fair trial may well be found to be in contempt of Court and the law provides for severe penalties, including imprisonment, for such matters,” the Registrar said.

© The High Court

posted by administrator @ 8:46 AM

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