There is a dictum that justice must be done and be seen to be done. This means that there is a real court of justice that is impartial and independent that ensures the proper dispensation of justice without fear or favour, affection or ill will.
In the second instance there is also a court of public opinion that becomes convinced through proper dispensation of justice in an open court that justice has been served. This is precisely the reason why the Constitution says in section 24 subsection (2) that, “All proceedings of every court and proceedings relating to the determination of the existence or extent of civil rights or obligations before any other authority, including the announcement of the decision of the court or other authority, shall be held in public….”
Courts depart from this only if it deems it right and proper to protect the vulnerable and the public interest.
Earlier reports on the death of Omar Jarju and measures taken by the state as reported by the media led Foroyaa to question whether they were in line with the Coroners Act. This underscores the importance of media reporting based on understanding of the dictates of the law and procedures required to be followed by institutions.
The appointment of a Coroner under section 11 of the Coroners Act and the commencement of the inquest has shown the public that the law is taking its course to establish the cause of death of Omar Jarju under police custody. The Coroner has elucidated the difference of the procedures adopted before the appointment of a Coroner and after the appointment. She had substantiated the difference between approving a request and ordering a process that must be based on the dictate of one law or the other. She has appealed to the media to report court proceedings as they happened so that the public will receive information that is unalloyed based on the evidence given by witnesses and that which arises from their cross-examination.
We therefore hope that the role of the Coroner in gathering sufficient evidence to establish the truth and the role of the media in putting the evidence in the public space as the unalloyed truth published in good faith in the public interest would be harmoniously maintained.
Omar Jarju’s death is a public interest case. Any inquest in camera would only lead to more suspicion and may not serve the public interest. Justice is best served if it is done and is seen to be done.
