Judge stops state lawyer’s bid to ban media coverage of Bhosip Kaiwi’s murder case

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Judge stops state lawyer’s bid to ban media coverage of Bhosip Kaiwi’s murder case

PORT MORESBY: A state lawyer made a shocking bid to stop the media (The National) from reporting the ongoing Bhosip Kaiwi murder case in the National Court yesterday (June 28, 2022).

However, in the interest of press freedom, Acting Judge Laura Wawun-Kuvi denied Elizabeth Kave’s bid and told her to provide relevant provisions (if any) on which she was basing her concern over The National’s coverage yesterday (June 28, 2022) of Monday (June 27, 2022) proceedings on Kaiwi’s murder trial.

Elizabeth said while the State understood that the media had the right to publish the court proceedings, the concern was that the prosecution still had more witnesses to call, and the trial had just started.

The National reported the court proceedings:

Court rejects bid to bar media

June 29, 2022The NationalMain Stories

The National says:
“ This newspaper, and the media in general, carry out an important role in the workings of the justice system. And they should be allowed to do that with no interference at all from prosecutors, accused people and/or their family members, police and those with vested interest in the case.” – Link: https://www.thenational.com.pg/medias-role-in-court/

Acting judge Laura Wawun-Kuvi

 Bhosip Kaiwi

By VANESSA NIKEN
THE National Court yesterday refused a request by a State lawyer to bar the media from covering a high-profile murder trial, saying it had no basis.
Acting judge Laura Wawun-Kuvi told State lawyer Elizabeth Kave to provide the relevant provision on which she was basing her concern over The National’s coverage yesterday of Monday’s proceedings on the Bhosip Kaiwi’s murder trial.
Kave said while the State understood that the media had the right to publish the court proceedings, the concern was that the prosecution still had more witnesses to call, and the trial had just started.
She asked that the media should not cover the trial as it had just started. She added that she had been instructed to bring it up to the court’s attention.
Acting judge Wawun-Kuvi told Kuve to provide the relevant provisions to justify the State’s concern.
“You are working on an application asking the court to intervene on a right to the freedom (expressed) in our Constitution,” she said.
“You are asking me to talk to the media, but (on) what basis?
“You are raising the concern in the wrong bar.”
She advised Kuve to submit a proper application.
“This is not my job to tell you what to do,” she said.
“If you want to make an application to the court, you lay your proper basis and make your application.”
Kave apologised to the court, before calling State witness Rachael Ipang, the babysitter, to continue her recollection of what happened that led to the death of Jenelyn Kennedy, Kaiwi’s partner, on June 23, 2020.
Ipang said on June 19, 2020, after dinner, Bhosip and Jenelyn went back into the room.
She said Kennedy only drank soup.
“When they went back to the room, Bhosip started beating her,” she said.
“I saw it with my eyes.
“He got the tools again and went into the room.”
She said she went into her room next to theirs and heard noises between 5pm to 6pm.
“I heard Jenelyn shouting and screaming,” she said.
“I was scared and stayed in the room with the kids.”
She said on the following morning, they all came out and sat outside the house watching boys fixing a boat.
Ipang said Kennedy’s face was swollen.
“I didn’t have the chance to talk to her because when Bhosip is around, we don’t talk to each other,” she said.
On June 21, Ipang said Kaiwi asked her to look for his golf stick.
“There was no golf stick,” she said.
“So he told me to (get) a long stick.
“So I brought him a mop stick.”
Ipang said the stick was given to Kennedy to support her while walking.
“While they were sitting outside the house, Bhosip sent me again to clean their room,” she said.
“I saw five new chains, a red rope (used around the dog’s neck) and water all over the floor.
“I saw the same things he used to beat Jenelyn, and the blue masking tape. Early in the afternoon, she said the couple went to check on the boys outside, before going out.
“When they arrived, Bhosip told us to go out of the house.
“So I took the kids to sit outside.
“He took Jenelyn’s hand and walked into the house.”
In the morning of June 22, Ipang was joined by the female housekeeper while the couple went out. They returned accompanied by a doctor by the name of Elizabeth.
“The doctor went in and treated Jenelyn,” Ipang said.
Afterwards, the three came out and were telling stories (at the car park).
She said Kennedy looked sick.
After the doctor left, Ipang said she could hear Kennedy “screaming in their room, while the boys were playing music outside.
“I heard the door slamming.
“Big noise.
“Jenelyn was screaming.
“I was really scared to help Jenelyn.”
She said Kaiwi told her to boil water and take it to the bathroom.
“I went into my room and saw Bhosip taking Jenelyn to the bathroom to wash her,” she said.
“They went back and slept around 11pm to midnight.”
Ipang said she could not run away as there was no one to look after the children.
On the morning of June 23, she told one of the men in the house that she was leaving for Murray Barracks and would come back.
“I was at Murray Barracks and at 9pm (when) they told me Jenelyn had passed (away).”
The trial continues.

Media’s role in court

June 29, 2022The NationalEditorial

ACTING judge Laura Wawun-Kuvi is absolutely right.
This newspaper, and the media in general, carry out an important role in the workings of the justice system.
And they should be allowed to do that with no interference at all from prosecutors,accused people and/or their family members, police and those with vested interest in the case.
That role by the media is based on the principle of open justice, derived from the British courts (Scott vs Scott 1913) and reinforced by the United Nations (Article 14 of the International Covenant on Civil and Political Rights.)
The principle is that the justice system benefits when publicity is given to court proceedings.
That is the bottom line.
The media support open justice, and in turn the justice system, by reporting what happens in the courts for the sake of the people.
We carry out that task to the best of ability, unless for some reason, the court issues a suppression order such as in juvenile cases.
Acting judge Laura yesterday rightly pointed out to a State prosecutor, who was concerned about this newspaper’s coverage of Monday’s proceedings of a high-profile murder case in
the National Court, that she would not intervene on the right of this newspaper and others to report on what transpired in court.
She told the prosecutor: “You are asking the court to intervene on a right to a freedom expressed in the Constitution.
“You are asking me to talk to the media, but on what basis?
“You are raising the concern in the wrong bar.”
Under the principle of open justice, the judicial process should be transparent and open to public examination.
People should be allowed to sit in court, and by extension, reporters too who are seen as representing the general citizenry, who cannot actually be present to witness the workings of justice in court.
By reporting on consequences of bad behaviour, the media,on behalf of the court, send a strong message to society that such behaviour is unacceptable.
At the same time, our coverage of the courts also serve to demonstrate that those who are falsely charged will be acquitted through the effective workings of our justice system.
Therefore, those who try to stop the media from covering court cases do not fully understand our role in the workings of the justice system.
In the words of one Jeremy Bentham almost two centuries ago, “when there is no publicity, there is no justice (as) publicity is the very sole of justice”.
It has also been generally accepted in the justice systems of democratic nations that the principle of open justice
also requires that nothing should be done to discourage the making of fair and accurate reports of what occurs in the courtroom (Justice McHugh, 1986).
The open justice principle has been followed by the courts, unless someone can convince a magistrate or judge that justice can only be done by excluding from the hearing members of the public, and by extension the media.
Then it is entirely up to the magistrate or judge to make a ruling on that.
Of course, we also report cases in court because of their newsworthiness.
And of course, we get a few things wrong at times when reporters misspell names or write down the wrong charges.
It happens.
But we try to fulfil our role of informing the public as accurately, fairly and best we can.
Acting judge Laura yesterday corrected the view that some may hold of the media’s true role in the courtroom.
The State prosecutor erred yesterday, and did apologise for it.