Court rejects bid to bar media

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The National says:
“ This newspaper, and the media in general, carry out an important role in the workings of the justice system. And they should be allowed to do that with no interference at all from prosecutors, accused people and/or their family members, police and those with vested interest in the case.” – Link:
Acting judge Laura Wawun-Kuvi
Bhosip Kaiwi

THE National Court yesterday refused a request by a State lawyer to bar the media from covering a high-profile murder trial, saying it had no basis.
Acting judge Laura Wawun-Kuvi told State lawyer Elizabeth Kave to provide the relevant provision on which she was basing her concern over The National’s coverage yesterday of Monday’s proceedings on the Bhosip Kaiwi’s murder trial.
Kave said while the State understood that the media had the right to publish the court proceedings, the concern was that the prosecution still had more witnesses to call, and the trial had just started.
She asked that the media should not cover the trial as it had just started. She added that she had been instructed to bring it up to the court’s attention.
Acting judge Wawun-Kuvi told Kuve to provide the relevant provisions to justify the State’s concern.
“You are working on an application asking the court to intervene on a right to the freedom (expressed) in our Constitution,” she said.
“You are asking me to talk to the media, but (on) what basis?
“You are raising the concern in the wrong bar.”
She advised Kuve to submit a proper application.
“This is not my job to tell you what to do,” she said.
“If you want to make an application to the court, you lay your proper basis and make your application.”
Kave apologised to the court, before calling State witness Rachael Ipang, the babysitter, to continue her recollection of what happened that led to the death of Jenelyn Kennedy, Kaiwi’s partner, on June 23, 2020.
Ipang said on June 19, 2020, after dinner, Bhosip and Jenelyn went back into the room.
She said Kennedy only drank soup.
“When they went back to the room, Bhosip started beating her,” she said.
“I saw it with my eyes.
“He got the tools again and went into the room.”
She said she went into her room next to theirs and heard noises between 5pm to 6pm.
“I heard Jenelyn shouting and screaming,” she said.
“I was scared and stayed in the room with the kids.”
She said on the following morning, they all came out and sat outside the house watching boys fixing a boat.
Ipang said Kennedy’s face was swollen.
“I didn’t have the chance to talk to her because when Bhosip is around, we don’t talk to each other,” she said.
On June 21, Ipang said Kaiwi asked her to look for his golf stick.
“There was no golf stick,” she said.
“So he told me to (get) a long stick.
“So I brought him a mop stick.”
Ipang said the stick was given to Kennedy to support her while walking.
“While they were sitting outside the house, Bhosip sent me again to clean their room,” she said.
“I saw five new chains, a red rope (used around the dog’s neck) and water all over the floor.
“I saw the same things he used to beat Jenelyn, and the blue masking tape. Early in the afternoon, she said the couple went to check on the boys outside, before going out.
“When they arrived, Bhosip told us to go out of the house.
“So I took the kids to sit outside.
“He took Jenelyn’s hand and walked into the house.”
In the morning of June 22, Ipang was joined by the female housekeeper while the couple went out. They returned accompanied by a doctor by the name of Elizabeth.
“The doctor went in and treated Jenelyn,” Ipang said.
Afterwards, the three came out and were telling stories (at the car park).
She said Kennedy looked sick.
After the doctor left, Ipang said she could hear Kennedy “screaming in their room, while the boys were playing music outside.
“I heard the door slamming.
“Big noise.
“Jenelyn was screaming.
“I was really scared to help Jenelyn.”
She said Kaiwi told her to boil water and take it to the bathroom.
“I went into my room and saw Bhosip taking Jenelyn to the bathroom to wash her,” she said.
“They went back and slept around 11pm to midnight.”
Ipang said she could not run away as there was no one to look after the children.
On the morning of June 23, she told one of the men in the house that she was leaving for Murray Barracks and would come back.
“I was at Murray Barracks and at 9pm (when) they told me Jenelyn had passed (away).”
The trial continues.