Memo from Justice Fogarty to almost every other judge in the country: You are breaking the law.

You are riding roughshod over the presumption of innocence. You are punishing defendants before they have been convicted.

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You are shirking your duty to ensure that witnesses are not inhibited by cameras in court. You are not doing justice according to law.

It is, as I said in the Heralda slap in the face for the judges, including a current Supreme Court judge, who have carefully developed the guidelines for cameras in court over the last decade, and those who have been applying them during that time.

And they affect the fairness of a trial by permitting witnesses to consent to the presence of cameras that might interfere with their evidence.

A judge has an overriding duty to secure justice according to law. The guidelines, which permit that duty to be traded off against lesser principles such as open justice, freedom of expression, and the watchdog role of the media, must be illegal.

Oh, no. He issued declarations that two of the guidelines were illegal.

Despite the fact that no party had applied for those declarations. Despite the fact that his power to issue them is based on what looks to me like an extremely elastic view of his inherent powers.

For non-legal types: inherent jurisdiction is a magical hat from which judges produce hitherdo undiscovered powers when they find they need them to do justice.

Suffice to say, I think a number of judicial eyebrows will have gone into orbit after they first encountered this decision. I think District Court judges would have to treat themselves as bound by this decision, rather than the guidelines.

And from now on, High Court judges can no longer merrily apply the guidelines, and will need to address a prelimary question: do they agree with Fogarty J that chunks of them are illegal?

Should they? Is Fogarty J right? First, the filming of the accused: is this a form of pillory that effectively punishes the defendant and undermines the presumption of innocence?

Probably more harmed than simply by missing out on name suppression, as the judge argues. As Justice Fogarty points out, Britain has legislated to outlaw photographing and sketching of defendants.

He cites no authority for that. He says numerous common law judges agree with him. Before he issued such a sweeping judgement, I would have liked to see the judge make a closer analysis of the evidence and principles in play.

What about the second issue? Should judges be given a power to override a witnesses acceptance of the recording of their evidence?

Justice Fogarty cites evidence that many witnesses in filmed cases said they were distracted by the cameras. Honest witnesses can hestitate, and correct their recall [for example, he added later, when they were confronted with earlier inconsistent statements].

They may be inhibited from doing so, if their hesitations and corrections are to be are to be on the evening news.

20.02.2020 – The sight of the two former enemies not only burying the hatchet, but sharing the screen, was previously unthinkable. Despite the fact that no party had applied for those declarations. The hitmaker admits that her single Swish Swish is a direct ‘reaction’ to Taylor’s, as she says the star has to learn about ‘the law of cause and effect’. Save money on Beauty, Fashion, Furniture and so much more. There are plenty of references to Taylor all over the track: The most obvious one is that she calls her rival basketball team the Sheeps.

Yes, rather than admitting to those inconsistencies or errors, no doubt witnesses would rather see them mercilessly exposed in cross-examination on the evening news.

It should be noted that the judge did allow the adult witnesses to be filmed in this case if they chose. Fogarty has a point. The entire basis of law is based on the existence of doubt.

Hence the axiom, better let twenty guilty go free, than one innocent man be punished.

While the well-placed can seek name suppression, the poor do not have these options. While kiddie-fiddler Graham Caphill can get blurred on camera, the same defence is not available to the penny-less defendants.

The pillory exists, and it falls on the lower income brackets disproportionately. There is not one law for all. Sure, defendants can get mugged by the media scrum outside the courtroom.

However, the courtroom belongs to the judge, not the media.

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Bring back the note- takers and sketch artists, I say. Unobstructive, neutral. Is his problem that they are in a dock at all — perhaps they should always be seated next to their lawyer on their table?

And what of witnesses consenting to being taped — that means some of them do not.

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Then we have biased coverage which will focus on the witnesses who have given consent and therefore will create a distorted media report.

What will TV run that evening — pictures. But I personally know that having cameras bearing down on you as a defendant inside a courtroom makes an agonising ordeal even worse.

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Christ only knows what the witnesses must have thought. Public watchdogs they are not — they are not bearing witness on behalf of the community to see that justice is done and to keep judges and the justice system honest — that does not seem their primary function these days.

Their presence there is to ensure that their audience can be provided with enough emotion-enducing titillation to get them through the next ad break.

Blow by blow accounts at depositions, edited into dramatic montages of selected things the camera operator thought looked incriminating and relayed via the mass media for days or weeks is incredibly unhelpful to a later trial is it not?

I think there should be a static discreet camera in front of the bench and others set on the dock, witness stand, judge etc.

Katy Perry and Taylor Swift are officially beef-free after their six year feud finally came to an end with a food-inspired cameo in Swift’s latest music video. Oseree swimwear size chart 2016 images There are bigger fish to fry, and there are real problems in the world. Before he issued such a sweeping judgement, I would have liked to see the judge make a closer analysis of the evidence and principles in play.

That can be available to the media. The media companies could do whatever they want with the feed. Stream it live on the internet?

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