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e.tv to fight Jordan ruling
26/08/2005 16:58 - (SA)
Cape Town - The Western Cape directorate of public prosecutions says it wants to consider its options on an e.tv bid to appeal against a High Court ruling on a documentary on the murder of baby Jordan Norton.
On Friday morning, Acting Judge Dumisani Zondi granted the directorate's application to prevent e.tv airing the programme before giving it a copy to view, and allowing it 24 hours to ask the court to block the broadcast if necessary.
The directorate fears that the 3rd Degree documentary, which includes interviews with two key witnesses, may prejudice its case when the murder comes to trial.
Four people including the former girlfriend of the baby's father have been arrested in connection with the slaying in June of the six-month-old girl.
e.tv maintains that the directorate is trying to censor it.
Could be discrepancies
Judge Zondi said in his ruling that in this case, the State's right to a fair trial outweighed the constitutional right to freedom of expression.
There could be discrepancies between the versions the two witnesses told the trial court, and what they told e.tv, which could unfairly be held against them.
It had been expected that on Friday afternoon e.tv's legal team would argue an unopposed application for leave to approach the Supreme Court of Appeal on the matter.
However the directorate's counsel, Ismail Jamie, told Judge Zondi when the court reconvened that the directorate wanted an opportunity to consider its position on whether Judge Zondi's decision could, in fact, be appealed against.
It also wanted to consider whether going to the SCA would not lead to a "piecemeal" resolution of the central issue, which was how to balance the conflicting rights.
A date for the e.tv argument will be decided later.
Protecting victims of crime
Western Cape deputy director of prosecutions Billy Downer said the directorate was pleased with Zondi's ruling.
"We think we've done our best to protect the victims of crime," he said.
The e.tv attorney, Dan Rosengarten, said the broadcaster was disappointed.
Although it conceded there were circumstances in which the right to a fair trial trumped above freedom of expression, this was not justified in this case.
- SAPA
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