PORT OF SPAIN, Trinidad, May 31, CMC – The Media Association of Trinidad and Tobago (MATT) has sought to distance itself from persons using social media to comment on the police involved shooting of a 31-year-old man on January 20, this year, urging its members to stand “firmly on the side of the rule of law.
“As an association representing professional journalists and news organisations, MATT wishes to draw a distinction between responsible journalism and commentary circulating on social media platforms. While social media discussion may form part of the broader public conversation, MATT can only speak on behalf of established newsrooms and journalists who operate within recognised professional and legal standards,” MATT said.
It said that “professional journalists” here are “ well aware of the legal principles surrounding contempt of court and the responsibilities that accompany coverage of criminal matters.
“The extensive reporting on this case before charges were laid reflected the media’s duty to inform the public on an issue of significant public interest while investigations were being conducted by the Trinidad and Tobago Police Service (TTPS) and the Police Complaints Authority (PCA),” MATT said, adding also “we recognise that the right to a fair trial before an independent and impartial tribunal is a cornerstone of our democracy”.
Late Friday night, the Director of Public Prosecutions (DPP), Roger Gaspard, defended his decision to instruct the police to charge the common law wife of Joshua Samaroo amid public protest over the decision and the action by the police in January.
Gaspard acknowledged that the “regrettable killing” of Samaroo and the serious injury of Kaia Sealy as well as the subsequent charges arising therefrom have justifiably generated huge public interest “many of the views expressed have been predicated upon the public’s viewing of video footage “which purports to cover the unfortunate events”.
He reminded the country that it is not within his “constitutional remit to investigate ay crime, neither did I select or pick the evidentiary fruits presented to me by the Trinidad and Tobago Police Service (TTPS)”.
Gaspard had a warning for the media saying he is “duty bound to warn you that you are not to publish any material which has the potential to prejudice the right of the State or the right of any person charged in this matter, to a fair trial.
“Further, I am mandated to do all in my power to ensure that the springs of justice remain undefiled and to curtail any prospect of objectionable publicity,” Gaspard said, adding that in issuing “this directive, I am mindful of the competing public interest factors which undergird our participative democracy, including freedom of the press, freedom of conscience and the right to a fair hearing by an international tribunal”.
Earlier this month, police said warrants had been issued for the arrest of Sealy on three counts of shooting with intent to cause grievous bodily harm at the police, manslaughter with police alleging that Sealy, who was shot multiple times during the incident and left paralysed, unlawfully killed Samaroo.
Since then the police have added new charges of being in possession of a firearm; possession of ammunition; possession of a firearm with the intent to endanger life and discharging a firearm within 40 metres of a public place.
Gaspard said that the laying of the charges “does not and cannot be equated with any findings of guilt” an Trinidad and Tobago, the rule of law “is a priceless asset and a foundation of our Constitution”.
Police Commissioner Allister Guevarro has also said that “everyone will get their day in court” amid the growing controversy that has also led to the police naming 15 places including the official residence of the prime minister, as no protest zones.
“We are not a lawless society. Particular issues or decisions may have been made, but there’s a court of law for that…,” he added.
In its statement, MATT said it recognises the DPP’s constitutional responsibility to protect the integrity of criminal proceedings and did not view his intervention as an attempt to intimidate journalists or restrict legitimate reporting.
“MATT stands firmly on the side of the rule of law,” it said, adding that the media’s responsibility to report matters of public interest fairly, accurately and responsibly exists alongside the DPP’s duty to safeguard the integrity of criminal proceedings.
“At this time, MATT does not regard the DPP’s statement as intimidation or an attempt to interfere with legitimate journalism. Rather, we view it as a reminder of the legal obligations that arise when criminal proceedings are underway,” it said.
It called on its members to continue to report on developments in the matter in accordance with the law and the principles of open justice, adding that the media remains committed to ensuring the public is informed about court proceedings and matters of national importance while respecting the rights of all parties involved in the judicial process.
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