Sunday Times

Call for justice can sound a lot like baying for blood

Does this trial satisfy a hunger for public execution? asks Sipho Hlongwane

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DURING humanity’s less enlightene­d times, it was common for a criminal to be publicly executed. It was not unheard of in the Middle Ages for a gallows to be erected in a public space and men and women to be hanged in full view of their neighbours. In 1649, King Charles I of England was beheaded in front of a crowd of spectators.

In the Roman epoch, the public execution of a criminal had been elevated to an art form. Justice was public entertainm­ent as criminals were forced to battle to the death in coliseums across the empire.

We do not do that anymore. Justice is congruous with a fair trial, and few things are less fair than a trial by the public.

But even with the justice system that prevails today, the public gaze is recognised as a strong influence. This is especially true in countries such as the US or UK, where a jury may decide a person’s guilt or innocence. But it is not any less of an influence in countries such as ours, where these matters are trusted to a college of legal scholars.

The matter is made more complex by the right to freedom of expression in democratic societies. The public is no longer involved as a matter of panem et circenses (bread and circuses), but as a matter of right.

Before the trial of Oscar Pistorius could start, the court had to make a decision about how public it would be. It had no choice. Ever since that awful day in February 2013 when the paraplegic athlete shot and killed Reeva Steenkamp in his home, the incident had been discussed exhaustive­ly in the press, broadcast media and, of course, social media. Journalist­s who were otherwise obscure gained a massive internatio­nal Twitter following overnight as people around the world tracked the developmen­t of the #OscarPisto­rius murder case.

The media wanted to broadcast the whole thing. Primedia and MultiChoic­e approached the high court for access and, naturally, Pistorius’s counsel contested the applicatio­n. They argued that the mere presence of broadcast media would affect the case by weighing on the minds of the witnesses.

Gauteng Judge President Dunstan Mlambo said that he had before him a clear contestati­on of rights. His job was to balance and reconcile them, not choose one over the other.

But he also noted that the media was planning to hold a trial of sorts, and he did not like that (MultiChoic­e is planning to have legal experts and opinion-givers to study the proceeding­s and deliver opinions to viewers).

The media have a unique power to distort informatio­n, he noted, and could potentiall­y lead the public astray.

It was therefore necessary to control how the media relayed the court proceeding­s. And what restrictio­ns he placed, allowing just a handful of remote-controlled cameras. None of the close-ups that TV loves so much. This would not be a circus if he could help it.

But why are we interested? We, the public? Interested in the same way that motorists slow down and gawp at a road accident? Are we watching the trial because we have come, in our own way, to delight in public execution?

Pistorius may not lose his life over what he did, but in all the ways that count this trial will kill him.

Mlambo acknowledg­ed the huge, global attention that is

The public gaze is recognised as a strong influence, even in South Africa

now turned to the High Court in Pretoria. He gave us what we wanted.

Sadly, very little of this focus will be on Steenkamp or her family. We want the details of her death — where Oscar stood when he shot through the door, where the blood went, who saw what — but we do not want to know about or participat­e in the grieving for a life that was cruelly cut short. We are not here for Steenkamp. We want to watch Pistorius die.

Hlongwane is a journalist and award-winning columnist

 ?? Picture: THE HERALD ?? LIFE CUT SHORT: This photo of Reeva Steenkamp graced the cover of the programme at her funeral service in February last year
Picture: THE HERALD LIFE CUT SHORT: This photo of Reeva Steenkamp graced the cover of the programme at her funeral service in February last year

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