Judiciary says judge in Jolyan Silvera murder case acted within the law

The Judiciary of Jamaica says the presiding judge in the Jolyan Silvera murder case acted within the law in barring the media and family members from being present for his first court appearance last week.

There has been much public outcry against the decision of Justice Vinette Graham-Allen.

It has been argued that given the high-profile nature of the case, the public should have access to the proceedings.

The former parliamentarian is charged with the murder of his Melissa Silvera.

Responding to the criticisms, the judiciary, in a statement today, indicated that it has long been established that cases before the Circuit Court Division of the Gun Court are held behind closed doors to protect relevant parties such as witnesses.

It argued that with Silvera being charged with murder and the offence of using a firearm to commit a felony, this activates provisions under Section 13 (1) of the Gun Court Act, which states that “In the interest of public safety or public order, no person shall be present at any sitting of the Court except - (a) members and officers of the Court and any constable or other security personnel required by the Court; (b) parties to the case before the Court, their attorneys, and witnesses giving or having given their evidence, and other persons directly concerned with the case; 2 | (c) .... (d) such other persons as the Court may specifically authorise to be present.

“Section 13 (2) states that in the interest of public safety, public order or public morality, the Court may direct that (a) in relation to any witness called or appearing before the Court, the name, the address of the witness, or such other particulars concerning the witness as in the opinion of the Court should be kept confidential, shall not be published; (b) no particulars of the trial other than the name of the accused, the offence charged, and the verdict and sentence shall be published without the prior approval of the Court.”

The judiciary stated that the judge is required to give effect to the policy reflected in the statute which is to create an environment in which witnesses could attend and participate in the proceedings without their identities being made public or any information being made public that would enable them to be identified.

“When persons are indicted and placed before the Circuit Court, there is a default presumption of ready access to the proceedings by members of the public including the media. On the other hand, when persons are charged and placed before any Division of the Gun Court (Parish Court Division of the Gun Court, the High Court Division of the Gun Court, and the Circuit Court Division of the Gun Court), the default position created by Section 13 of the Gun Court Act is that members of the public including the media are excluded unless they come within the exceptions.”

The judiciary says it remains committed to upholding the Constitution of Jamaica and applying the statutes passed by the legislature.

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