Defence attorney Dexter Todd on Wednesday raised concerns about media coverage of the ongoing election fraud trial, saying a National Communications Network (NCN) report presented the evidence in a manner that could create a different impression from what was heard in court.
Todd raised the issue before Principal Magistrate Faith McGusty.
He said the report’s presentation of the evidence, particularly evidence given by prosecution witness Detective Inspector Ameer Mohamed, did not reflect the nature of what was presented before the court.
Todd said Mohamed’s evidence pointed to similarities in documents but did not establish who had signed them, stressing that determining whether a particular person had signed a document was a matter for the court.
He said the defence had deliberately refrained from making detailed public comments about the case after hearings but warned that this could change if the reporting continued.
“We are usurping and taking up the whole court’s function in relation to how to treat evidence,” Todd said.
Todd urged the court to address media reports that, he said, could lead to conclusions about evidence before the court had made its determination.
He maintained that the report he referenced appeared to be pushing a particular narrative and was detached from what had taken place in court.
McGusty said she had allowed media representatives to join proceedings via Zoom and sit in the courtroom to ensure they had full access to what was taking place and to the evidence being presented.
However, she questioned the usefulness of providing that access if journalists attended the proceedings but subsequently interpreted what they heard.
The Magistrate described such a situation as “an act in futility” if the media continued to interpret and report on proceedings in a manner different from what was presented in court.
McGusty said her concerns applied to both the prosecution and defence, noting that she had not seen reports of defence attorneys giving interviews about the case and describing the defence as having been “remarkably restrained.”
