Soham judge warns media on fair reporting
The judge in the Soham murder case in England reminded the media before the jury entered court today of their obligation to ensure a fair trial.
His Honour Mr Justice Moses said in a statement to the court: “I wish to stress certain features of the conduct of this trial, which are particularly relevant to the media and their reporting of this trial.
“Firstly, just as it remains throughout their responsibility to comply with the Contempt of Court Act 1981, it is equally their responsibility to know what orders I have made in relation to this trial.
“We will do our best to see that such orders are available through the court and the Department of Constitutional Affairs. But from time to time it may be necessary to make such orders during the course of the debate as to a particular issue.
“The media must take care that, in their concern to report instant news, they do not report anything which may subsequently become the subject matter of an order.
“The fact that someone has left court to make such a report can be no excuse.
“Secondly, orders must be obeyed. If anyone disagrees with an order I make, the remedy is to challenge it, not to defy it.
“I shall make separate orders in relation to the view (the visit to Soham). But it must be borne in mind that on the way to and from the view and during the view, the court is sitting and the rules which govern reports of proceedings in, and conduct in, court will apply. Those rules apply in the annexe which has been provided for their use. That is a courtroom.
“Finally, and of the greatest importance, it is necessary to remind all the media of their responsibility in ensuring that there is a fair trial and that the jury are given a proper opportunity to try this case fairly and impartially on the evidence.
“This can best be achieved by an approach which tempers emotion and does not arouse it.
“The right freely to report this trial carries with it an obligation which all those responsible for the reports owe. It is the obligation to report accurately and without passion what happens in this court in the presence of the jury.
“It is an obligation not merely owed to the court but to the community and to those most acutely involved: the parents, friends and relatives of the deceased. It is surely not to be imagined that anyone would, with their interests at heart, want to inhibit a fair trial.
“Highly coloured, highly charged inflammatory reporting is not just a breach of the Contempt of Court Act, but is a breach of the media’s responsibility to all involved and to the public.
“My reasons for making these remarks will be obvious to all those who have read or will read my earlier ruling as to press reporting when I give permission for it to be published. In the meantime, these remarks may be reported.”
