Lawyers stand by press gag

By CLARISSA MOI
ACTING Judge Laura Wawun-Kuvi has questioned how media publicity will create fear of bias in the case of alleged murderer Bhosip Kaiwi.
She raised this in the National Court at Waigani yesterday during Kaiwi’s case where his lawyer Emmanuel Ellison asked the court to issue certain directions to media when reporting on Kaiwi’s trial.
Kaiwi, from Kuraip village in South Waghi, Jiwaka, was alleged to have tortured his wife Jenelyn Kennedy for five days, from June 18, 2020, to June 23, 2020, in their home at Korobosea, Port Moresby, which lead to her death.
Ellison said that matters before the court being discussed in public forum could affect the independence of the judicial system.
He also acknowledged the media’s right to freedom of information and publication.
He sought directions from the court following media reports that published word for word witness statements during his trial in June.
Ellison’s concern was the effect this would have on the credibility of other State witnesses and the prejudicial effect this would have on his client.
He added that the general rule of evidence was that the witnesses should not have access to other witness statements as it may influence their evidence in court.
State lawyer Elizabeth Kave agreed with the defence counsel saying that the concern in seeking to restrict the printing of the evidence was related to the safeguarding of the trial process.
“In a criminal trial, witnesses are not allowed to sit in court and hear the evidence of other witnesses as they testify to ensure that evidence is not influenced or tainted by what they have heard,” she said.
Kave said that the integrity and independence of the court needed to be safeguarded.
She said that there was also a risk involved with publishing names of witnesses as those individuals had a right to privacy.
Acting Judge Wawun-Kuvi responded by asking if the lawyers were questioning the court’s neutrality and bias on her part.
She reserved her ruling to be handed down on Monday.