The Dark Shadow Shrine

embrace the darkness; that you may see the light nestled within it......

Thursday, July 05, 2018

Najib pleads not guilty to four charges; trial next year

Click HERE

This article caught my eye coz:
At the defence's request, Judge Mohamad Sofian Abdul Razak agreed to issue an interim court order barring discussions on the merits of the case outside the court, especially in the media. Tan Sri Shafee said the order would stop anyone from making speculative or false reports against his client.....The gag order will be in place until Aug 8, when the matter is heard.
Like molest or rape cases where the identity of the victim (and sometimes the perpetrator, if related to the victim) is withheld, the muzzle is placed on the press to prevent what is called 'trial by the media'. The intense discussion on the media may risk pronouncing the defendant as guilty even before the court does so, and this is unfair to the defendant. Sometimes, the media pressure could also influence the eventual court verdict as the court comes under tremendous public pressure generated by the media to find the defendant guilty or innocent. A miscarriage of justice could thus ensue where the court is hled hostage by public sentiments  fanned by the media. In an ideal situtation, the court or the judiciary should be left to arrive at its own verdict without any inteference by the media or public is there is to be a fair trial and fair verdict. This is esp the case if the public is uninformed or uneducated and easily swayed by the spread of fake news in believing that the defendant is innocent or guilty.
See similar cases below in the Singapore context.
But on the flip side, if the judiciary is corrupt or incompetent, then the interference  of the media to apply pressure on the judiciary to do the 'right' thing will be a welcoming thing. Left to itself, the court might deliver an unfair verdict,  resulting in a miscarriage of justice. The intervention of the media as the 'watchdog' or the 'Fourth Estate' will help to rectify this imbalance.

Note that for the media to effectively play the role of the watchdog or the "Fourth Estate", regulation of the media should be reduced....Only then can the media be an effective check against powerful organizations, including corrupt govt, to ensure that they toe the line and refrain from any wrongdoing....

Note useful analogy or imagery for BANG!:
As a watchdog, if u muzzle its mouth, it cannot 'bark' if it sees an intruder or someone doing a wrong deed. But if u totally do not muzzle this 'dog', it will go around not just barking loudly (even when there is no intruder or wrongdoing) -- hence misleading the people, creating unnecessary panic and false alarm -- but also biting innocent people. This is the dilemma confronting the regulation of the press.....
Qn: Is regulation of the press desirable? (Cam. 2017)