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Shaik: SABC awaiting court OK
14/08/2006 19:51 - (SA)
Bloemfontain - The Supreme Court of Appeal reserved judgment on Monday on an application by the SABC to broadcast the appeal hearing of Durban businessman Schabir Shaik on television and radio.
The public broadcaster sought to record and broadcast the five-day appeal hearing with live visuals and sound for television and radio.
The appeal hearing is expected to start on September 25.
Alternatively, the SABC wants to record the hearing for delayed broadcasts on television and radio, in the form of edited highlights packages on various news-related programmes, including news bulletins.
Brian Pincus, counsel for the SABC, said regarding the presence of cameras and microphones in court: "We submit that it would not be a hindrance or have (very) little effect,".
Wants three cameras in court
Pincus also argued that live broadcasts from parliament and provincial legislatures had not degraded the dignity of those institutions.
The SABC wants to put three television cameras in court, with a microphone in front of the Bench where legal counsel would address the court, as well as microphones in front of each of the five presiding judges.
The public broadcaster submitted that it was its constitutional right to be able to record and broadcast the appeals.
The State and Shaik are opposing the application on the grounds that the rights of several of the parties involved would be infringed.
These include their rights of dignity and privacy as well as Shaik's right to a fair trial.
"The serenity of the court would be lost," said Peter Olsen, for William Downer (the State) in opposing the application.
"The court may be limited in its comment from the Bench. The natural interaction between counsel and the Bench would be lost due to the (ever-present) public television."
Olsen submitted this also raised concerns about the ability of counsel to present their case.
In documents filed by Shaik in the matter, his counsel felt live television impeded their sense of freedom in argument.
However, the SABC argued that Shaik's right to a fair trial would not be infringed by permitting recordings.
"It is not the public perception outside that determines a fair trail, but the judges on the Bench," said Pincus.
'Not an absolute right'
Counsel for Shaik, Jeremy Gauntlett, submitted that the SABC's right to broadcast was not an absolute right.
"It does not function within a vacuum."
Gauntlett said Shaik also would want to have the assurance that his appeal hearing did not suffer due to constraints.
Four of the five appeal judges to preside over the appeal heard argument on the SABC's application.
- SAPA
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