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FM
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Inaccurate, highly prejudicial Kaieteur News report forces judge to abort murder trial : - KN Editor, reporter to answer contempt of court charge


Written by George Barclay, Friday, 28 June 2013 00:06, Source

 

INSTEAD of ruling on a voir dire (a trial within a trial) yesterday in the Soesdyke/Linden murder trial, a Kaieteur News article caused Justice Brassington Reynolds to discharge the jury and abort the trial in the interest of justice. The judge then invited the Editor and the reporter of the newspaper to attend court to show cause why they should not be cited for contempt.


But two hours later, the Editor Mr. Adam Harris met the judge in chambers and a new date for the contempt meeting was fixed – today at 9:30 hrs in Court 7 of the Demerara Assizes.


Mr Harris and the Kaieteur News court reporter are then expected to show cause why they should not be dealt with for their contemptuous behaviour.


On arrival in court yesterday afternoon, Editor Harris, appearing worried about the article written by his junior reporter, was able to see the judge in Chambers. The visit bore fruit, because he was able to get a date for today, when he and his reporter would be represented by a lawyer.


On resumption yesterday, the judge was expected to rule on whether alleged oral and written statements in the case were admissible or inadmissible in evidence, in accordance with his findings in the voir dire that he had conducted; but the judge noted that, because of what was written by the reporter concerning the voir dire, it left him with no alternative but to discharge the jury and abort the trial in the interest of justice.


The accused, Andrew Gomes, who was facing trial for the alleged murder of his father, Stanislaus Gomes, was told that his trial was aborted, and that he would have to face another trial as soon as was practicable.


Earlier, Justice Brassington Reynolds had said to the jury, “It was brought to my attention that a piece of reportage in today’s Kaieteur News contains an inaccurate account of events which transpired in these proceedings. The report was highly prejudicial, and can materially affect the outcome of these proceedings.


“Accordingly, the court was left with no other choice, in the interest of justice, but to discharge the jury and abort the proceedings. And, having regard to the considerable cost which would have been thrown away as a result of this development, I will cause the reporter and editor of the Kaieteur News to be summoned this afternoon to show cause why they should not be condignly dealt with for what I deem to be a serious contempt of court (matter)”.

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Earlier, Justice Brassington Reynolds had said to the jury, “It was brought to my attention that a piece of reportage in today’s Kaieteur News contains an inaccurate account of events which transpired in these proceedings. The report was highly prejudicial, and can materially affect the outcome of these proceedings.


“Accordingly, the court was left with no other choice, in the interest of justice, but to discharge the jury and abort the proceedings. And, having regard to the considerable cost which would have been thrown away as a result of this development, I will cause the reporter and editor of the Kaieteur News to be summoned this afternoon to show cause why they should not be condignly dealt with for what I deem to be a serious contempt of court (matter)”.

FM
Originally Posted by cain:

You don't want me to tell you what is inevitable for those you work for, do you?

Cain, shut up and don't defend a toilet paper that is known to apologized every two day for its mistakes.  

FM
Originally Posted by Cobra:
Originally Posted by cain:

You don't want me to tell you what is inevitable for those you work for, do you?

Cain, shut up and don't defend a toilet paper that is known to apologized every two day for its mistakes.  

Do not call my good good friend and buddy counsie-nce,Toilet paper, how dare you?

cain
Originally Posted by cain:
Originally Posted by Cobra:
Originally Posted by cain:

You don't want me to tell you what is inevitable for those you work for, do you?

Cain, shut up and don't defend a toilet paper that is known to apologized every two day for its mistakes.  

Do not call my good good friend and buddy counsie-nce,Toilet paper, how dare you?

counsie sound more like use toilet paper

FM
Originally Posted by warrior:
Originally Posted by cain:
Originally Posted by Cobra:
Originally Posted by cain:

You don't want me to tell you what is inevitable for those you work for, do you?

Cain, shut up and don't defend a toilet paper that is known to apologized every two day for its mistakes.  

Do not call my good good friend and buddy counsie-nce,Toilet paper, how dare you?

counsie sound more like use toilet paper

hey, you two bullshitters, Cain and warrior. If yall can't take responsibility for the ass wipe papers that write for AFC/APNU, how can Rum Jhatt preach that he is the better choice to govern Guyana? Ass wipe newspaper = ass wipe government.   

FM

I don't wish to argue about what the Kaieteur News is or isn't.

As a former journalist and news editor in Guyana I'm commenting on the fact that a junior reporter is involved in this contempt of court issue. Reporters who are assigned court beats should be guided by seasoned court journalists and their editors regarding legal procedures and the proper way to narrate court proceedings.

I have known a few cub reporters who were dispatched to court and expected to learn by trial and error. Definitely not a good thing for the media house or hapless reporter.

In this particular case involving KN and a junior reporter, editor Harris might have pleaded inexperience on behalf of the reporter. I don't know. I've known Harris for 33 years and I think he was not foolhardy to knowingly collude with his reporter to misrepresent what actually transpired in that courtroom. I think someone made a mistake.

FM
Originally Posted by Gilbakka:
I have known a few cub reporters who were dispatched to court and expected to learn by trial and error. Definitely not a good thing for the media house or hapless reporter.

 

In this particular case involving KN and a junior reporter, editor Harris might have pleaded inexperience on behalf of the reporter. I don't know.

Junior reporters, having the opportunities to cover issues, should be guided by senior reporters who monitor their progress.

FM
KN editor and reporter plead guilty to contempt of court - editor fined $150,000 or 14 days in prison - reporter to pay $50,000 or seven days in prisonPDFPrintE-mail
Written by George Barclay   
Friday, 28 June 2013 23:30

KAIETEUR News Editor, Mr. Adam Harris and his junior reporter, Miss Rehanna Ramsay, who were cited for contempt following the publication of an irresponsible report that led to Justice Brassington Reynolds aborting a murder trial, were contrite in court yesterday.

 

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Kaieteur News Editor Mr. Adam Harris (right)and his junior reporter Miss Rehanna Ramsay leave the court yesterday

The defendants who were invited to court to show cause why they should not be dealt with condignly for the offence of contempt were represented by Attorney-at-Law Mr.  Khemraj Ramjattan.
After the case was called, Justice Brassington Reynolds,  who was conducting a voir dire in the Andrew Gomes murder  trial for the alleged murder of his father Stanislaus Gomes, was about to rule in the voir dire on Thursday,  when the newspaper article caused him to abort the trial because of the irresponsible and inaccurate reporting. The judge also spoke about the seriousness of the offence and the  cost that it had incurred.
On resumption Thursday, the judge was expected to rule on whether alleged oral and written statements in the case were admissible or inadmissible in evidence, in accordance with his findings in the voir dire that he had conducted; but the judge noted that because of what was written by the reporter concerning the voir dire, it left him with no alternative but to discharge the jury and abort the trial in the interest of justice.
The accused, Andrew Gomes, who was facing trial for the alleged murder of his father, Stanislaus Gomes, was told that his trial was aborted, and  he would have to  be further remanded to prison to face another trial.
Mr. Ramjattan declared that Mr. Harris recognised his failure in the incident and promised that steps would be taken to prevent a  recurrence of what had taken place.
The lawyer also apologised on behalf of Miss Ramsay who while being a freelancer for some time working in the Magistrates’ Court, had only been on the staff of Kaieteur News for a year.
She told the court that she was not in the court from the beginning and therefore was of the view that on the day in question the judge was to deliver a ruling in a matter.
After the junior reporter disclosed that her salary per month totalled $50,000, the judge told her that she would recognise her error at month-end when she would have no money to take home, since she was being fined $50,000 for the inaccurate report.
And Mr. Harris, whose salary per month, he told the court, was $300,000, would have to pay a $150,000 fine.
Mr. Ramjattan noted that what amounted to an apology was published in the Kaieteur News yesterday admitting that it was a case of total lack of knowledge of the judicial system, an ignorance of what a voir dire is, and poor editing and management by Kaieteur News Ltd that led to a murder trial being aborted on Thursday.
FM

QUOTE: "Mr. Ramjattan noted that what amounted to an apology was published in the Kaieteur News yesterday admitting that it was a case of total lack of knowledge of the judicial system, an ignorance of what a voir dire is, and poor editing and management by Kaieteur News Ltd that led to a murder trial being aborted on Thursday".


I suspected it was something like that.

FM

Contempt of court is a serious offense, no amount of cold water poured on it can erase that fact, the Kaietuer news was totally out of line, some say the penalty should have been more severe

FM

(Eyewitness)To use the phrase made popular by People’s National Congress (PNC) leader Desmond Hoyte, Adam Harris – now the editor-in-chief of the MuckrakerKN –  is a “creature” of the PNC. From a school teacher at Bartica, he was catapulted to chief propagandist of Forbes Burnham as editor of the New Nation and then the Guyana Chronicle. One understands his gratitude to the PNC, but would expect some kind of easing of his bias – if he hopes for redemption in his dotage.

 

In his Sunday’s column, he launched into a vicious attack on President Donald Ramotar, going so far as to use the word “stupid”. His gripe was that at the “re-enactment” of the signing of the Treaty of Chaguaramas which launched the Caribbean Community (Caricom), the president extolled the virtues of Dr Cheddi Jagan rather than Harris’ benefactor Burnham.

 

Now in the world of diplomacy, it’s advised that if you can’t speak well of someone, then one should remain silent. The question is, what exactly could the president say “good” about Burnham if he wanted to speak the unvarnished truth – based on his experience?  That one of Burnham’s major incentives in pushing Caribbean integration was to tilt the Guyanese political nose count in his favour?

 

Let’s not forget that, as far back as 1968, when he was seeking all sorts of means to remain in power, he pushed for small islanders to migrate to Guyana. This was the route Eric Williams had taken to retain control in Trinidad and Tobago for so many years. Burnham must’ve figured if it worked for Williams, it would work for him. Was President Ramotar also supposed to forget the “old boys’ club” Burnham formed with the other early leaders who stood mute while Burnham rigged himself into power for decades?

 

Was he supposed to praise Burnham for signing the Treaty of Chaguramas the same year his army seized all ballots and murdered two People’s Progressive Party (PPP) poll “watchers”?  But Harris wasn’t satisfied with attacking Ramotar – he went after Dr Jagan himself – even as he accused the president of “hatred” for Burnham. He said Jagan was anti-West Indian integration because Guyana stayed out of the West Indian Federation.

 

What utter nonsense!!! Dr Jagan was “premier” between 1957 and 1961 and had no say in deciding Guyana’s position on the West Indian Federation. Belize and The Bahamas also stayed out. Dr Jagan was not against the West Indian Federation per se but, in common with all West Indian progressives, was against the neo-colonial structures imposed by Britain.

 

But it is interesting to know the anti-PPP vitriol still boils in Harris.

FM

some bady gat to run de ship. The English governed the West Indian islands, suh it would be only natural for dem to present the Federation wid a style of govrernment amicable to dem. Besides, British Guiana was hell bent to be communist satellite. It was not in their interests to join up wid Black men eurocentric in their demeanor. Cheddie was anti-everything western.

S

(Observer)A WAY of life, particularly one that exhibits an unerring recourse to daily untruths, is indeed the well known masthead of Kaieteur News, Guyana’s best known print medium for distortions, and everything associated with unethical journalism. Months ago, because of its compulsive predilection for  reporting  untruths and distortions, this epitome of misrepresentation was forced to issue an  apology to a magistrate adjudicating in a matter heard in the  Essequibo jurisdiction. This was for erroneous reporting.


It goes without saying that any media house, founded on the well grounded principles of  professional  journalism and ethical reporting, would have learnt from  such a lesson, ensuring that  it is not faced with such an embarrassment, again. But not Kaieteur News; and the reason is not very difficult to comprehend.
This daily  believes that it is the embodiment of the right to publishing all and every news report without recourse to proper verification. This, as is so well known in the media, has often led to inaccurate reporting, leading to incorrect conclusions on the part of the readership, on issues, events and personalities. Such a  culture has  the cumulative effect of even ruining reputations in many instances.
Any media house, even in its formative stage, would understand such a causation of bad reporting; much less a journal such as the Kaieteur News that has an editor of such long-standing media experience. It is a given that coverage of judicial proceedings has to be undertaken with the utmost accuracy, given the nature of  legal  proceedings and the  need  for a clear and proper understanding of what is being said and interpreted legally; and its serious implications for justice. No proper court will ever tolerate  misrepresentation on what has been elucidated in its  respected assembly.
This was the lesson that both the  Kaieteur News editor and his free- lancer, appears to have forgotten, that caused  both to be arraigned before a trial judge in the Supreme Court to answer charges of contempt, relative to a murder trial over which  the latter judge had been presiding. It is baffling that this newspaper can seek refuge under the blanket of “total lack of knowledge of the judicial system, an ignorance of what a ‘voir dire’ is, and poor editing and management by Kaieteur News Ltd.” It begs the question as to what  journalistic training, if any,  is conducted for its journalists.  
The fallout from such   inaccurate reporting on the trial is, of course,   aborting of the proceedings  in the proper interest of justice. This means that the accused  will have to  re-appear again in a new trial, which is  a situation of justice delayed, because of a  grossly irresponsible press; and  further expenditure for a new trial. There is also the serious implication that witnesses for the trial  can become seriously incapacitated, rendering them incapable of further testimony, and even dying.
Whether this sanction puts a brake on the recurring practice of misrepresentation and inaccurate reporting on the part of Kaieteur News, remains to be seen. It is time that this media house suffer  judicial consequences for its intransigence. It has been long overdue. No court  must tolerate such disrespect.
The honourable trial judge must be commended for his forthright action in the interest of judicial practice and principles, and his fearless decision to penalise the  errant parties.

FM

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