Court rejects Kaiwi’s bid to gag media

News that matter in Papua New Guinea

File pic of Bhosip Kaiwi with his wife Jenelyn Kennedy during happier times.

Court rejects Kaiwi’s bid to gag media

PORT MORESBY: The National Court has rejected an application by Bhosip Kaiwi to muzzle the media covering his alleged murder case.

Acting Judge Laura Wawun-Kuvi ruled yesterday (Dec 6, 2022) that the media played an important role in the country and represented the public.

She said all court proceedings were public except those heard in camera.

Kaiwi, from South Waghi’s Kuraip village in Jiwaka, is alleged to have tortured his wife Jenelyn Kennedy to death from June 18 to 23, 20220.

The court proceedings were reported by The National:

Media gag bid rejected

December 7, 2022The NationalMain Stories

THE National Court has rejected an application by Bhosip Kaiwi to muzzle the media covering his alleged murder case.
Acting Judge Laura Wawun-Kuvi ruled yesterday that the media played an important role in the country and represented the public.
She said all court proceedings were public except those heard in-camera.
Kaiwi, from Kuraip village in South Waghi, Jiwaka, was alleged to have tortured his partner Jenelyn Kennedy from June 18-23, 2020, in their home at Korobosea, Port Moresby, which led to her death.
Kaiwi’s lawyer Emmanuel Ellison had submitted in July that matters before the court being discussed in public could affect the independence of the judicial system.
He also acknowledged the media’s right to freedom of information and publication.
He sought directions from the court following media reports that published word for word witness statements during his trial in June.
Ellison’s concern was the effect this would have on the credibility of other State witnesses and the prejudicial effect it would have on his client.
He said the general rule of evidence was that the witnesses should not have access to other witness statements as it may influence their evidence in court.
The court noted that the State took a neutral stand in its submissions and did not share the same concern as the defence.
Acting judge Wawun-Kuvi said whether there was prejudice that State witnesses would be fabricating or tailoring witness statements was “speculative at its highest point”.
She said there was no evidence that the court would not be able to control its proceeding and conduct a fair trial.
Also, there was no evidence of how the public would have an influence on the court.
The court also noted that from the evidence of newspaper articles, the reports were from what happened in court.
Acting judge Wawun-Kuvi said the court had considered Kaiwi’s rights and also media freedom under the Constitution and rejected the application.
Meanwhile, in a separate application by the State in July to admit evidence by a witness, Dickson Karava, acting Judge Wawun-Kuvi ruled that it was inadmissible given that Karava was not present from June 18-24.
She said Karava’s evidence would not be relevant and it would be based on speculation.
The court said evidence was to be properly presented by medical reports, thus evidence by Karava was not relevant and ruled that it was inadmissible.
Kaiwi was remanded in custody.
The court also heard that Kaiwi would file another bail application.

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