May 26, 2005

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Kissel case update

The attempt by the defense to have the Kissel case held behind closed doors was denied by the judge. The judge pointed out there can be no publication of what is said about disputed evidence and the evidence screening process. This is a re-iteration of a long held common law rule, as Phil discussed yesterday.

The SCMP reported the same events in more sinister tones:

A judge yesterday told the media not to report on preliminary hearings in the case of a woman accused of murdering her American banker husband...Mr Justice Michael Lunn said it had always been the media's practice not to publish pre-trial material.
Contrast that with The Standard's report:
A formal order to ban any publication of reports on the evidence screening process until the end of the trial was also denied, since the media should already be aware of this principle, said the judge...Nevertheless, the judge reminded the public and the press that no reports of the evidence screening process can be published until the end of the trial.
Same event but very different reporting.

For those following this case I will point out this is being conducted exactly like any other murder trial would be. The delay in bringing the case to court was due to requests by both the defense and prosecution and for a capital case it has not been unduly delayed. In common law based courts reporting on cases is very formalised and follows strict rules. Once the case proper begins reporters can only recount what transpired in court without speculating on the guilt or innocence of the defendant or on the status of the case. No Court TV style speculations, no breathless commentary on "another dramatic day". It is very different to reporting on American cases. Once the case is concluded the rules are relaxed.

Until then the kind of reporting reproduced above is the best you can expect. At least both English papers here are covering the case.

posted by Simon on 05.26.05 at 09:48 AM in the




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Comments:

what are both english papers names?

posted by: why so delayed on 05.30.05 at 03:24 AM [permalink]

The Standard and the SCMP.

posted by: Simon on 05.30.05 at 10:12 AM [permalink]




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