The Jowie interview and dangers of media influence on court cases

Moses Gichuru complains that last Sunday Nation’s interview with Joseph Irungu, alias Jowie, is insensitive and glorifies a murder suspect. The interview is titled, “Jowie: My life in jail”.

He says he is also concerned about’ the casual way the Nation has been reporting Monica Kimani’s murder, of which the said Jowie is a prime suspect.

PUBLIC MILEAGE

Writes Mr Gichuru: “To confine myself to the Sunday Nation story about his life in jail, I wonder why, in a country where there are thousands of murder suspects, one suspect is being treated as a celebrity. Is it that the paper is so insensitive to the family and friends left beside (sic) by Monica?

“By glorifying the suspect, does the newspaper want the courts also to tread carefully in matters related to this celebrity? Does the paper want to show the wider public, more so the young people, that you can increase your public mileage and fame by becoming a murder suspect? I felt let down and hope the paper shall be more sensitive in future.”

Jowie is under trial for the murder of Monica. He has been in prison since he was arrested on September 25 last year. According to the story, he is facing tough times. Justice James Wakiaga has twice denied him bail. On October 30, the judge said: “The picture that emerges of the accused is that he is of such a character that his presence at large would intimidate witnesses and use his liberty to tamper with evidence. The family of the deceased has expressed this fear.”

HIGH-PROFILE

The complaint is multi-layered: Why did the Sunday Nation pick on Jowie and treat him “as a celebrity” while there are thousands of other murder suspects in remand?

It’s in the nature of the news to report about people who are in the news, famous or notorious. The gruesomeness of the murder, the pre-trial publicity and involvement of television news anchor Jacque Maribe as the co-accused, and Jowie’s own exploits abroad as a mercenary, are all good ingredients for a high-profile story. Jowie was a natural for the Sunday Nation interview.

Impact on readers

Is the Sunday Nation insensitive to the feelings of the family and friends of Monica’s? I don’t see how. Mr Gichuru should have explained where the sensitivity lies. Does the Sunday Nation glorify Jowie? Again, I don’t see how. Jowie was shown as humiliated, belittled and isolated. Does the Sunday Nation want to show the wider public that you can increase your public mileage and fame by becoming a murder suspect? Maybe, maybe not. The impact of stories on readers often requires research.

BAIL DENIED

What I can say with certainty regarding the Jowie interview is that it is unusual. Newspapers don’t normally interview suspects while their trial is still going on because of the sub judice rule. The rule governs what the media can report about ongoing court cases. The idea behind the rule is that the media should not usurp the role of the courts in deciding cases.

The Sunday Nationstory is about Jowie’s tough and prolonged confinement in remand prison. The story has a bearing on his application for bail, which at the time of writing this, has been denied and continues to be denied.

The story says: “Given the tough conditions in jail, Jowie has been counting the days he has been locked up. They stood at 431 when he was last in court on Thursday....” This could be seen as an attempt at influencing the court to grant him bail.

FAIR TRIAL

However, media influence in trials is a much-debated subject. Many studies have been conducted to determine the extent of the influence of media coverage on court decisions. It’s clear, though, that media influence can affect a person’s right to a fair trial.

However, Kenyan courts take the view that, in a criminal justice system such as ours — in which a judicial officer, as opposed to trial by jury, conducts the trial — media publicity cannot influence the mind of a competent and independent judge.

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