I received this message about an interesting conversation between a court magistrate and a defense counsel right inside a court room just when the magistrate decided to send a journalist out of a court.
I've got to send a special thank you to 'Dafph Okotie Daf' for sharing this with us.
Court case between Rev Chris Okotie vs Dafphee
One of the counsels (Mr. Kola Dopamu) watching brief for Mr. Chris Okotie got up and the following conversation ensued:
Kola Dopamu: Your honour, there are journalist in the court recording the proceedings. We would be obliged if they can be excused from the court.
Defense: your honour I want to know what issue that goes to. What issue does it go to? you cannot eat your cake and have it. You were the ones who brought us to court. The court is a public place and setting where everybody, lawyers, journalists and even passersby come to unhindered as long as they don't disrupt the proceedings. Your honour I really do not know what issue that goes to. There are several journalists in court today and more will come.
Magistrate: where are the journalists (the journalists now came out) are you here in respect of this case?
Journalist from premium times: Not really, I cover court cases. I just left covering a case in the high court now.
Magistrate: I know your people are always around the court premises but why are you in this particular court proceeding? what is so special about this case that you want to cover the case? please l leave the court room.
Defense: Your honour, your honour I will oppose that because (magistrate cuts in)
Magistrate: (shouting) excuse me, I will not allow you to talk. I do not want journalists in my court. this is my court and I run it the way I so please. who are you that journalist should be coming to cover your case. what nonsense. At this point it degenerated into a shouting match between the Magistrate and the defense counsel.
Defense: Your honour you have no right to issue that order. the constitution is very clear about the freedom of the press and public hearing. by your action you have just trampled on the fundamental right of my client to a fair hearing......
Magistrate: How dare you talk to me in that manner?(sarcastically) So it's the journalists that would now ensure that his rights are protected?
Defense: Your honour am sorry but you do not have the power to do that. You sit there operating with the powers that was given you by the constitution but you are trampling the same constitution. Your action if you insist will rob I and my client of every confidence that we can get justice in this court. If you insist the journalists, who are the fourth estate of the realm, leave then I will have no choice but leave also. you may as well pass your judgment without trial.
Magistrate: (still shouting) how dare you talk to me like that. this is my court. Are you going to tell me how to run my court? Journalists please leave my court now....
Defense: Your honour, my client is no longer assured of fair hearing. We do not have confidence in the court anymore. The court has ceased to be a public place. A place where everybody should have access especially members of the fourth estate of the realm.
Magistrate: there is no law that says that Journalist must stay and cover the proceedings of the court.
Defense: Freedom of the press. I will read it to your honour...
Magistrate: its their fundamental right to be in court?
Defense: Yes!
Magistrate: I can use my discretion to allow journalist......
Defense: sorry your honour but your discretion cannot supersede the laws of the country.
Magistrate: I have the power to use my discretion to allow the journalist or not to allow the journalist. You have no right to tell me that journalist must be in my court.
Defense: your honour, my client is facing a criminal charge brought against him but Mr. Chris Okotie who we all know is a billionaire. The constitution says that no part of the hearing can be conducted in secret. It must be open. If you will trample the constitution then we will loose confidence in the court.
Magistrate: Journalists often come to cover cases in court but why should they come for your matter? who are you? Am just wondering why you decided to bring a special journalist. What is so special about you and your case that journalist should come?
Defense: Your honour, the matter is special because we have the oppression of the poor by the rich. The constitution is here to protect everyone from oppression. Mr. Chris Okotie Accused the defendant publicly. Now he wants the defendant to be tried secretly. My client has been maligned in the newspapers with headlines like, pianist assaults Rev Chris Okotie, Pianists attacks Chris Okotie while preaching, pianist disrupts Rev Chris Okotie's service. Pianist threaten Rev Chris Okotie. Google any of this headlines, you will find my clients names as the anarchist. My client was in Jail when these publications came out. My learned prosecutor granted an interview stating these to the press. Consequently my client is finding it difficult to get jobs because no one is ready to give any job to a man who has been publicly portrayed to have assaulted his boss. When they were making all these allegations the press was good and Okay. Now we say give your evidence publicly, they now have a problem with the same press being around. We say no to that kind of oppression.
Magistrate: so it's the journalist that will ensure a fair hearing? ok call the journalists to come in since that is the way you think your client can have a fair hearing. let it not be that I have any special interest in this matter. (to the journalists) I am allowing you people in but you must be objective in your reporting of proceedings. I read mass communications before going to study law. I hope you understand what I mean about being objective
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