Former MP Jolyan Silvera (blue shirt) arrives for his first court appearance on Thursday January 25.
By Kimone Witter
The Judiciary of Jamaica says the presiding judge in the Jolyan Silvera matter acted in accordance with a provision of the Gun Court Act in her decision to bar family members and the media from the preliminary hearing last week.
Mr Silvera was brought before the Gun Court on Thursday on charges of murder and use of a firearm to commit a felony.
The decision of Justice Vinette Graham-Allen has sparked outcry from the public and media groups as no explanation was given.
In a statement Saturday, the Judiciary said Section 13 of the Gun Court Act allows the presiding judge to exclude members of the public, including the media from being inside the Gun Court when offences are being addressed.
It notes that the provision has been the basis of in-camera hearings of any type and trials in all divisions of the Gun Court since 1974.
The Judiciary says the judge is required to give effect to the policy reflected in the statute which is to create an environment in which witnesses could attend and participate in the proceedings without their identities being made public or any information being made public that would enable them to be identified.
PAJ calls for repeal of Section 13
The Press Association of Jamaica has responded to the Judiciary of Jamaica by calling for repeal of Section 13 (1) of the Gun Court Act, saying exclusion from court for legitimate reasons should be the exception and not the norm.
The PAJ says this provision is inconsistent with the Constitution of Jamaica, including the right to due process and the right to freedom of expression, which includes freedom of the press.
The Association further notes that in the matter involving the preliminary hearing for murder accused Jolyan Silvera last Thursday, the presiding judge did not invoke the "default position" of the Gun Court Act in telling the media they were barred. Instead, she said, "One has to exercise discretion in each case."
It also notes that in several high-profile cases involving gun murders, media coverage has not been barred.
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