Take a witness-by-witness approach to TV coverage‚ appeal court tells Van Breda judge

The appeal court has ordered the judge in Henri van Breda’s triple axe murder trial to reconsider his ruling that it can be televised.

In a ruling on Wednesday‚ Judge Visvanathan Ponnan said judges ought to take a witness-by-witness approach when deciding what could be broadcast.

Judge Siraj Desai ruled in May that two cameras could be set up in the High Court in Cape Town for Van Breda’s trial‚ prompting an appeal by the National Director of Public Prosecutions. The trial‚ now adjourned until August‚ has proceeded without TV coverage.

In a lengthy Supreme Court of Appeal judgement‚ Ponnan was broadly supportive of TV coverage of trials‚ criticising the NDPP’s “one-size-fits-all” opposition to any type of broadcast.

“The default position has to be that there can be no objection in principle to the media recording and broadcasting counsel’s address and all rulings and judgements delivered in open court‚” he said.

When witnesses objected to coverage of their testimony‚ they should explain their reasons to the judge. “This approach entails a witness-by-witness determination and recognises as well that a distinction may have to be drawn between expert‚ professional and lay witnesses.

“Such an individualised enquiry is more finely attuned to reconciling the competing rights at play than is a blanket ban on the presence of cameras from the whole proceeding when only one participant objects.”

Ponnan said by taking this approach‚ courts would be able to strike a balance between public access to legal proceedings and an accused’s right to a fair trial. He said Desai should reconsider his May ruling in light of the appeal court judgement.

The judge ordered Media24 to pay the costs of the appeal‚ saying it had made its application to televise the trial at a late stage.