I’m in favour of juries. I think giving the judiciary even more power to not be held accountable would be bad, but much needs to be done regarding how information is given to juries (expert witness system is a joke for e.g).
I think there are several blatant fictions within our current justice system that don’t stand to scrutiny as regards ‘open justice’ or any pretence of transparency, but have thus far mostly flown under the radar:
- The idea that reporting bans are to “give the defendant the best chance at a fair trial” - in practice, with high profile cases, this is nowhere near true. Front pages will simply echo the generally more shocking prosecution accusations while critical voices are silenced. This shackles the press and the public from being able to scrutinise justice and hold it to account.
- That we have ‘open justice’ in any real sense - it simply is not ‘open justice’ if only a handful of the public can get into the courtroom and transcripts can cost £100,000 to access. That is not open justice.
- I also take issue with court ordered anonymity being handed out like sparklers at a birthday party. Anonymity should be given rarely and only for those who really need it. Nothing will ever convince me that a doctor who embarrassed himself by flirting with a nurse young enough to be his daughter is in need of court mandated lifelong anonymity. Are you joking?
Courts wield extraordinary power: they can deprive people of liberty, property, and reputation. In a democracy, such power must be subject to public oversight to retain legitimacy. This is crucial and fundamental in a democracy.
Speaking of open justice, Court reporters are in no way a suitable proxy for the public in a case like this. It would be too much for any reporter to fully cover, but too many of the reporters with full access to this trial presented a blatantly biased sliver of information.
For e.g the door swipe data 🐓 up - the public would still not know about this if Cleuci De Oliviera (a Brazilian journo) hadn’t been there one of those days (as a member of the public) and broke that story on twitter. She was then called a liar everywhere until finally it was (extremely reluctantly) admitted to by the CPS, Liz Hull, Judith Moritz & Co but of course heavily downplayed by all.
Moritz works for a publicly funded broadcaster! Absolutely shameful behaviour. God knows what else happened that we don't know about. I would like to know Moritz’s reasoning behind not reporting this. There is no justification for it. It was clearly of public interest and her wages are financed by the public. Sorry, but that is absolutely atrocious and makes a total joke out of ‘open justice’.