Trinidad: DPP wants court to deal with media workers severely

PORT OF SPAIN, Trinidad, CMC- Director of Public Prosecutions (DPP), Roger Gaspard, has called on the High Court to deal severely with three media workers charged with contempt of court.



Gaspard told High Court judge Prakash Moosai that the company to which the media workers are employed, was warned in November 2009, following an article published in the Guardian newspaper, a subsidiary of Guardian Media Ltd. The article caused first trial of Barry Alphonso to be aborted and a retrial ordered.



"It is our view that the three named parties, bearing in mind the words personal culpability and central culpability, should be visited by criminal sanctions," Gaspard said.



Before the courts are Rosemary Sant, Head of News at Cable News Channel 3 (CNC3), reporter Khamal Georges and the managing director of Guardian Media Ltd (GML) Gabriel Faria.



Last week, they accepted responsibility for the airing of footage which had the potential to prejudice the outcome of a trial which was being heard before Justice Moosai in July.



On trial was Alphonso, who was subsequently found not guilty by a nine-member jury of illegally having arms and ammunition in his possession.



Attorney Ian Brooks, one of the attorneys representing the company and its workers, pleaded with Justice Moosai to temper justice with mercy as his clients have shown contrition and remorse.



Brooks said while his clients have accepted responsibility for their actions, the circumstances were different to that of a local radio station which was fined TT$25,000 orUS$4166 after being found guilty of criminal contempt by then High Court judge Herbert Volney in April last year.



Brooks told the court that unlike the matter involving the radio station, which he described as more serious in nature, his clients did not mount a challenge against the proceedings.



The court was also asked to consider that the offending footage was "so brief and ephemeral" that the effect on potential jurors could be deemed to be minimal.



Brooks said the effect was even less on the jurors in the Alphonso case since they were sequestered and would have been insulated from any news broadcasts or reports.



However, Gaspard said the fact the jurors were sequestered is of little moment.

Gaspard told the court that the test to be applied is the potential effect the footage could have on the objective viewer.



"The objective viewer goes beyond the then jurors sitting in the case of Barry Alphonso. It also includes potential jurors."



Gaspard also disagreed with the assertion that the radio station case was more serious that the one involving CNC 3.



"There are some noteworthy factors in this matter which tends to elevate this matter above the Power 102 matter and should attract a greater penalty than the Power 102 matter."



One of those factors, he said, was the fact that the company was warned by the DPP in November 2009 following an article published in the Guardian newspaper, a subsidiary of Guardian Media Ltd.



Submissions will continue on January 27.