Although
trials can
be filmed in
the US, and
even
broadcast
live as OJ
Simpson's
one, the use
of any
recording
device is
forbidden in
the
courtroom
during the
course of
the
proceedings in France,
in Portugal
and in the
UK where
violation of
this rule is
considered
contempt of
law.
These
precautions
in European
Courts of
Justice
aren't
arbitrary,
they are
essentially
justified by
the
protection
of the
defence and
the
presumption
of
innocence.
The
legislator
wants to
avoid
disturbing
the serenity
and dignity
of the
debates and
guarantee
the right to
image of the
parties, as
well as the
authority
and
impartiality
of the
judiciary
power. This
is why
sketches,
seen as an
interpretation,
are the
prerogative
of judicial
artists.
Any
apparatus
used by a
journalist
in violation
of the
prohibition
is seized
(possible
4.500 euros
fine), as I
had the
opportunity
to verify in
the
courtroom of
the 1ª
Secção Cível
in September
2013 when
started the
lawsuit
opposing the
MC family to
GA et al in
order for
the first to
obtain €
1,25 million
in damages*.
If the
hearings I
attended
were taped,
it was by
the clerk
and for
restricted
use by judge
and lawyers.
As justice
is public in
order to
avoid any
suspicion
and done "in
the name of
the people",
the hearings
are (in
principle)
public. One
is
authorised
to take
notes and
send tweets.
Jon di Paolo
twitted in
2010, I used
a notepad
and a pencil
in 2013-14.
Therefore my
reports are
no
"transcripts"
of any kind,
they're the
outcome of
my notes, of
my good
knowledge of
the case and
of my
short-term
memory
enhanced
through
concentration.
Whoever
would have a
look at my
notepad
wouldn't
understand
anything,
nor likely
would I. I
mixed two
foreign
languages
(Portuguese
and English)
with my
motherly
one, French,
I don't know
how nor
exactly why.
I was very
careful not
to let my
notes be too
much
polluted by
idiosyncrasy
and opinion,
I wasn't
there to
tell a story
about what
was
happening
during the
hearings the
way
journalists,
a few with
great
talent,
write
chronicles,
but to
simply give
an account
of what the
protagonists
had
factually
said in the
courtroom.
As Astro
once
referred to,
I felt
responsible
for being
the ears of
the public.
A trial's
target is to
judge. To
judge, one
must
understand
and to
understand,
one must
analyse in
depth. The
cognitive
work
associated
is extremely
costly, and
any
emotional
excess will
be a barrier
to its
realisation.
Like in
everyday
life,
emotion
surges in a
natural way,
without
warning, on
the corner
of a
sentence, at
the curve of
a silence,
with the
voice
inflection,
modulation,
intonation
striking the
imagination,
fairly often
more
revealing
than words,
attention
diverted by
sighs,
impulsions,
throat
clearing.
This
unavoidable
part of the
orality of a
trial,
fundamental
basis of the
judiciary
ritual,
belongs
nevertheless
to the
protagonists'
privacy and
has no
legitimacy
for being
reproduced
outside the
scenic
situation of
a hearing.
Unless it
were
transformed
into
literature.
* The
application
came at the
end of a
long series
of lawsuits
that started
with a May
2009 petition,
fully
refused as
it was
understood
that the
perils of
damage had
already been
consummated,
followed by
the emergency
interim
proceedings
of June 6
2009.
According to
the terms of
the summons,
the MC
couple and
their three
children
requested
damages
given the
repeated
defamation
and the
negative
influence on
the search
of the first
of the three
children of
the
accidental
death/concealment
of body
thesis, developed in
GA's book
and
documentary.
Over two
years
before, the
Supreme
Court had
refused the
request of
review
(March 18,
2011),
upholding
the Appeal
Court's
decision to
overturn the
ban of the
book
(October 14,
2010).
Meanwhile
the
qualification
of
defamation
had been
rejected,
since the
public
prosecutor
could not
establish
what had
happened to
MMC.
This didn't
not stop the
media from
continuing
to talk of
libel
whereas it
was only a
lawsuit to
obtain a
compensation. |