The media is informed that discussing or publishing material that is likely to pre-judge cases under trial is a punishable offence.
Director of Public Prosecutions Daarsrean Greene has reminded media practitioners of their responsibility when reporting news contents that may have legal implications.
He addressed reporters during a press conference last Thursday, and emphasized that matters under police investigation are sub judiced—meaning that they are under judicial consideration. As a result, they should be treated with the utmost confidentiality and sensitivity, as they can be breeched by public statements that risk pre-judging matters that are before the courts.
"In particular, commenting on the strengths and weaknesses of cases before the court and discussing and pre-judging the case against the defendant. By extension, issues relating directly to any matter especially evidence obtained or versions of events given by the parties ought to be strictly forbidden."
Mr. Greene warned that the media ought not to try to decide maters that are before the courts, in the court of public opinion, as such practices can significantly prejudice the crown’s case and equally that of the defendant’s.
"I have observed of late that this discussion has become quite popular but I must inform that this practice needs to stop as it is an offence under the criminal code. I refer you particularly to Section 380. Subsections ( g) and (h) of our code reads 'a person commits the offence of contempt of court if he/she part (g) publishes any matter which is intended or is likely prejudice the fair trial or conduct of criminal proceedings; (h) published any matter which prejudges issues which are to be tried or are being tries before the court.' This is punishable indictably with imprisonment."
A graduate of the University of Wolverhampton, Mr. Greene was called to the bar in Saint Lucia in 1999, and was appointed Director of Public Prosecutions on Oct. 17, 2016. One of his priorities since taking up the post is reducing the backlog of cases before the High Court of Justice.