I once served for a week on a High Court jury. It was over
25 years ago but to this day I remember the experience of a glimpse into how
justice is administered. I doubt if
Elaine O’Hara ever in her life set foot inside a court. She could surely never imagine how in death
her life would be analysed in a Central Criminal Court room in all its
bleakness for all to consume in the media.
Nothing has changed in 25 years, everything can be asked by counsel in
attempting to appeal to a jury.
For weeks the trial of Graham Dwyer for the murder of
Elaine O’Hara has dominated our headlines.
Justice must be seen to be done, however in the case of some media
coverage of this trial the reporting of how the justice system works must surely
have made many people ask about the detail that journalists feel is essential to
report.
In particular the TV footage has shown many witnesses enter
and leaving the court while the reporter gave detailed and explicit summary of
the evidence given. To summarise the
weeks of evidence, the implication is that Elaine O’Hara’s lifestyle was in
some way responsible for her early death.
Today The Irish Sun has led with a headline and photomontage that may be
lifted from Elaine’s profile on a website that I have never heard of.
It’s something I disagree with. It is
clear that Elaine had a very troubled and difficult life. It is hard to see how Elaine could have been
objective enough to make a decision on lifestyle choices and to understand possible
dangers to herself arising from that inability.
This made her vulnerable not rational.
Elaine was a victim.
I’m not putting on the Wexford jersey because Elaine has
strong family connections to the South End of Wexford Town. However,
many people may well be asking themselves who exactly is on trial here, and for
what? Unlike many other women who disappeared
in very suspicious circumstances, Elaine’s name was not high profile, it may
have been the perfect murder as claimed in court, its perpetrator just as
devious as the man responsible for the disappearance of Fiona Sinnott.
The Graham Dwyer trial is held in Court 13. There are many other court rooms in the building
with equally serious cases for all involved being decided. However, according to our media, just this
case merits this level of coverage.
When this case concludes there deserves to be questions
asked as to how the victim can be used to effectively sell tabloid papers. In some
continental countries the victim can be partly protected by withholding the
surname of the victim from use in the media and substituting an initial. In a small country like Ireland this may not
always be effective. But is it better
than nothing?
Some day there may well be another case when a potential
witness who has personal evidence to give may well think twice about getting
involved. What will happen then? That is the real worry.
Surely the time has come for the media to take stock?
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