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No sufficient reasons given to justify order to restrict broadcasts of her evidence – judge

Meyiwa trial witness' media blackout request dismissed

Mpho Koka Journalist
One of the witnesses in the Senzo Meyiwa trial wants media barred from proceedings.
One of the witnesses in the Senzo Meyiwa trial wants media barred from proceedings.
Image: Lefty Shivambu/Gallo Images

The North Gauteng High Court in Pretoria has dismissed the application by a well-known personality for a media blackout during her testimony in the Senzo Meyiwa murder trial. 

Delivering the judgment on Thursday, judge Tshifhiwa Maumela said the witness did not give sufficient evidence prohibiting her testimony from being broadcast live.  

On Monday, the state requested that proceedings should not be broadcast live and pictures of the personality should not be taken while she is on the stand. However, she is not opposed to journalists sitting in court and reporting on her testimony, and taking pictures of her in the corridors of the courthouse and outside the court building. 

"The court finds that witness number one did not advance sufficient reasons to justify order restricting both audio and visual broadcasts of her evidence. At the same time there is no reason to subject the witness to an atmosphere during the course of her testimony which compares worse as compared to what prevailed when the last two witnesses gave their evidence," said Maumela. 

The judge added: "Members of the electronic media are permitted to broadcast the testimony of witness number one by means of audio. The prohibition of the images shall remain in place until the finalisation of this case."  

Maumela said the trial attracts much public interest and the witness could not elaborate how her life could be endangered should her testimony be broadcast live. 

"The case is about a murder which attracted much publication and was reported in both print and visual media. There is a huge public interest in these proceedings... The applicant [witness] said she runs a real risk of suffering prejudice...

"Up until now, this court does not know what perils witness number one on how she will be threatened in the event where her testimony will be broadcasted... The witness's voice and face are already out in the public due to her past participation on social media were she addressed issues on this case.

"Forbidding the public broadcast in which her voice will be exposed to the public and interested parties will not bring about any benefits and consequences which have thus far not been shown... While the court understands that beaming her face may bring an unintended consequence to bear against her, there is no evidence that pubic broadcast will do the same to an unprecedented extent... The conduct of witness number one within social media seems to suggest she is not camera shy..."

The state witness was expected to take the stand by Thursday afternoon. 

kokam@sowetan.co.za 


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