This country has an archaic and sheltered view of certain aspects of justice. If you believe justice has to be seen to be done, it behoves us to fully understand the process.
I have had virtually no interest in the trial. I have no real overarching interest in crime generally.
I got fascinated by the David Bain business, but Polkinghorne has passed me by. He either did it or he didn’t. The jury is working that out as we speak.
I have noticed a change this time and it confirms that my lack of interest in matters makes me part of a very, very small minority. It's the blogging that has gone on from court from the digital media.
A criticism I have always had about media coverage of court is mainly they are cherry pickers and mainly formats, particularly in news bulletins, never gives fair insight into the day's proceedings.
This time it has been no different. TV seems to have come and gone. On a slow day it's covered, on a busy one it's not.
Having been in court enough times over the years, the tricky part is how slowly it all moves and therefore it is easy for media to miss a lot of detail, not to mention subtlety and nuance.
If you can't cover it properly, don’t.
The digital operators have been able to give you all the blow-by-blow detail you could ever want and from my inquires, it has been absorbed vociferously by most of the population.
But back to the jury. In America you get to talk to them.
Why not here?
Surely in a trial of this detail and interest, knowing what they thought or didn’t think and what they made out as critical or of no consequence is not only fascinating, but vital to understanding as to how we got to where we are about to get.
Seeing open justice work and getting the detail from those closest to it is good. Surely you can't argue that wouldn't improve the process, therefore our understanding?
How, possibly, is that a bad thing?
Mike Hosking is a New Zealand television and radio broadcaster. He currently hosts The Mike Hosking Breakfast show on NewstalkZB on weekday mornings - where this article was sourced.
I got fascinated by the David Bain business, but Polkinghorne has passed me by. He either did it or he didn’t. The jury is working that out as we speak.
I have noticed a change this time and it confirms that my lack of interest in matters makes me part of a very, very small minority. It's the blogging that has gone on from court from the digital media.
A criticism I have always had about media coverage of court is mainly they are cherry pickers and mainly formats, particularly in news bulletins, never gives fair insight into the day's proceedings.
This time it has been no different. TV seems to have come and gone. On a slow day it's covered, on a busy one it's not.
Having been in court enough times over the years, the tricky part is how slowly it all moves and therefore it is easy for media to miss a lot of detail, not to mention subtlety and nuance.
If you can't cover it properly, don’t.
The digital operators have been able to give you all the blow-by-blow detail you could ever want and from my inquires, it has been absorbed vociferously by most of the population.
But back to the jury. In America you get to talk to them.
Why not here?
Surely in a trial of this detail and interest, knowing what they thought or didn’t think and what they made out as critical or of no consequence is not only fascinating, but vital to understanding as to how we got to where we are about to get.
Seeing open justice work and getting the detail from those closest to it is good. Surely you can't argue that wouldn't improve the process, therefore our understanding?
How, possibly, is that a bad thing?
Mike Hosking is a New Zealand television and radio broadcaster. He currently hosts The Mike Hosking Breakfast show on NewstalkZB on weekday mornings - where this article was sourced.
7 comments:
What eally is the point in talking to a USA jury when the USA judge is so CORRUPT and Crooked he doesnt allow evidence from the defence in high profile trials . You have to understand USA through USA correspondents NOT most NZ media .
Jury service is a monstrous imposition. Recompense for the time frittered is an insult. Serving can leave mental scar for life. With many cases there is very real risk of utu. Most possessed of any ability do all they can to evade. The selection process eliminates many of the rational. Idle persons are especially attracted. If the public were then given an insight into the inner workings of jurors minds, confidence in the legal system would be even further shattered.
Become like America and turn the judicial system into a circus the clowns of which including jurors dance to the tune of then highest bidder? No, let's stick to the good ol' British system where integrity still counts.
The issue in Polkinghorne's case is (with respect), not the jury but the media - and The System - which has allowed his trial to become a parody, from exposing inept police scene examinations to the accused private life of wine, women, song and a bit of boost i.e. dope on the side - totally irrelevant to the cause of death - which none of the pathologists was prepared to say "by Polkinghorne's hands" - and as a result, should he not get Not Guilty (which in my assessment of the evidence shown via media, is the appropriate outcome i.e. not beyond all reasonable doubt HE did it), in any retrial following a hung jury (the only other option) it would be impossible to select a jury which comprised of any who have not already made up their minds - via unfair trial by media.
Professional specialist media court reporters (and their newsroom bosses) used to be aware that reports of court proceedings carry “full privilege”.
This means the media cannot be sued on the basis of their reports.
However, there’s a catch.
Said reports must comprise comprehensive and accurate coverage of the case, including relevant parts of multi-day hearings.
If they’re not, then the privilege protection can be challenged in a libel case.
Ask a defamation lawyer or any journo who has done Media Law 101 (if there are any still around).
Any media outlets taking a cherry-picking approach to its coverage of cases is playing with fire.
Steve Braunias might do well to read your sage 101 caution, Annon
Steve Braunias comes perilously close (in my assessment) tot he sage warning of Annon above
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