Papers slam Smith for subpoenas

2003-11-03 09:37

Carel van Dyk

Cape Town - Media houses are upset about warrants served on South African reporters to give evidence in an American civil claim between best-selling writer Wilbur Smith and his estranged stepson, Dieter Schmidt.

"They should stop trying to create the impression that reports weren't true," said Mathathu Tsedu, editor of the Sunday Times.

Tsedu in a commentary on Sunday slammed the subpoena received by two of his journalists, Bonny Schoonakker and Gill Moodie.

Smith is taking Schmidt, a Colorado dermatologist, to court because he is convinced his stepson stole private documents from homes in South Africa and Britain. These documents were allegedly used to reveal in South African and British newspapers that Smith led a double life under a false name.

The Cape Town High Court recently ordered eight South Africans to give evidence before Mark Sher of Cape Town to be submitted to the Colorado court.

Schoonakker and Moodie, who both reported on this and other court cases between Smith and his stepson, were summonsed to give evidence before Sher.

Tsedu said the subpoena meant the two journalists would have to make available all notes and tape recordings of sources related to this case.

The newspaper supported their decision not to divulge their sources, Tsedu said. The two apparently decided against any action that would violate their ethical code as journalists.

Tsedu said it was not their responsibility to make available information that had already appeared in the Sunday Times. He said if lawyers wanted information, they could approach those who were quoted in the reports.

Estelle Ellis of The Star, who was also subpoenaed, said she would give evidence because her source voluntarily gave up his right to anonymity to give evidence before Sher.

This case followed hot on the heels after the Hefer commission summonsed Ranjeni Munusamy of the Sunday Times to appear before it. The commission is investigating spy allegations against Bulelani Ngcuka, national director of public prosecution.

Kimani Ndungu'u, head of anti-censorship of the Freedom of Expression Institute, said it was inappropriate to summon journalists to give evidence in civil cases. Legal teams should first explore other avenues of obtaining information. If that failed, they still have to prove that it was in public interest to summon on a journalist.

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