Back to basics for journalists covering Ampatuan trial

It’s back to the basics for journalists covering the trial of Andal Ampatuan Jr., the prime suspect in the November 23 massacre of 57 people in Maguindanao. Citing previous jurisprudence, the Supreme Court (SC) and the Philippine National Police have disallowed the use of cellular phones, cameras, laptop computers, and even simple recording devices inside the Police Non-Commissioned Office Hall, which was converted into a courtroom for the hearing of the multiple murder case against the young Ampatuan. With live media coverage of the historic trial prohibited, the public can only thus look forward to information based on artists’ sketches and of course, the good old reporter's pen and notebook. [See: Jim Paredes' daughter provides 'snapshots' of Andal arraignment] Andal Jr. stands accused of masterminding what is now known as the worst single case of election-related violence in the country’s recent history, where 57 people, at least 31 of whom were journalists, were killed in a convoy on the way to filing a local politician’s candidacy for governor of the southern province. Reporters covering the Ampatuan trial are required to register 15 minutes before the trial begins, and those who fail to register will be denied entry. Taking photos will also be allowed only before and after the hearing. SC’s prevailing opinion SC spokesperson Jose Midas Marquez defended the prohibition by saying it is the prevailing opinion of the high court, reports said. “Kapag may live TV coverage, naiiba ang actuations ng mga testigo, abugado, huwes… May unusual pressure," he said in an ABS-CBN newscast. (If there is live TV coverage, the actuations of witnesses, lawyer, and the judge change… There is unusual pressure.) Marquez added that the judiciary is trying to avoid trial by publicity which may incite unnecessary emotions, citing as example the coverage of the impeachment case against former President Joseph Estrada which he said pushed the people to flock to the streets in massive demonstrations in 2001. National Union of Journalists (NUJP) vice chairperson Nonoy Espina, however, said in an interview by GMANews.TV that authorities seem to have gone overboard in imposing the restrictions. “While we understand the need of the court to preserve order in the hearings, transparency and the public’s right to be informed are more important," Espina said. He also suggested the use of a pooled camera which the court may provide to feed footage to journalists who will not be accommodated. Espina, however, questioned the quota of 50 journalists to be allowed inside the courtroom as he believes all news entities should be given access to the hearings. “(The hearing) doesn’t just involve crimes against the victims. It is something fundamental to our democracy," Espina said. He added that the NUJP would consult with legal experts on whether or not to file a petition with presiding judge Jocelyn Reyes to allow the use of recorders and at least one camera in the hearing. ‘Outdated’ Lawyer Harry Roque, who represents 10 of the 31 journalists killed in the massacre, is similarly inclined to believe that the right of the public to information holds more weight, and that the prohibition is already “outdated". “In the United States, almost all the states allow live coverage of trial hearings," Roque said in a separate interview. He also cited a more recent decision of the SC, which allowed live coverage of the promulgation of the plunder case filed against Estrada, even as he recognized that the prohibition of live coverage is the constitutional right of the accused. Roque added that allowing live coverage will not necessarily result in a mistrial, as Philippine court hearings do not employ a jury whose members might be easily swayed. He said his group will also consider petitioning Judge Reyes to allow live media coverage. As to Marquez’s contention that TV coverage changes the actuations of the witnesses, lawyers, and even the judge, Roque replied, “It does. Cameras bring out the best in them." – JV, GMANews.TV