PAJ calls for repeal of Gun Court Provisions amid media exclusion in Silvera murder trial
KINGSTON, Jamaica — The Press Association of Jamaica (PAJ) is advocating for the repeal of section 13(1) of the Gun Court Act, believing it to be inconsistent with the Constitution of Jamaica.
The PAJ’s stance comes in response to the Judiciary of Jamaica’s handling of the request for media observation of the Jolyan Silvera murder case proceedings.
Last Thursday, Silvera’s family and the media were barred from entering the court as the former legislator made his first appearance before a judge to answer the charge of murdering his wife, Melissa.
READ: Silvera family, media barred from court
In a release on Sunday, the PAJ disclosed that the Judiciary of Jamaica, in a statement dated January 27, indicated that “when persons are charged and placed before any 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 Constitution, as amended by the 2011 Charter of Fundamental Rights and Freedoms (s) 16(3), provides that a court may exclude persons from its proceedings in two distinct, relevant circumstances. First, if necessary … in circumstances where publicity would prejudice the interests of justice. Second, where the court is empowered or required to do so by law in the interests of defence, public safety, public order, public morality, the welfare of children or to protect privacy (s 16(4)),” the release read.
The PAJ, emphasising the need for transparency, stated that reasons must be given in any case where the media is barred from covering court proceedings.
In its previous statement, the Association urged the judge to explain the basis for excluding the media.
READ: PAJ, MAJ want court to allow full coverage of Silvera murder case
“Especially where there are multiple bases for exclusion, the judge must give reasons and indicate which one she is invoking. Vague and arbitrary statements about a judge’s ‘use of discretion’ without more, are not, we reiterate, sufficient,” the statement said.
In seeking clarification behind the judge’s decision to bar the media, the PAJ further highlighted that “in many high-profile cases involving gun murders, media coverage has not been barred.”
“Exclusion from court for legitimate reasons should be the exception and not the norm,” it noted.
