The PeaceKeepers organisation is relentlessly pursuing justice, meticulously dissecting the recent High Court judgment as we prepare for a crucial appeal to the Court of Appeal. Today, we confront a fundamental issue: the alarming practice of restricting public access to court proceedings, essentially shutting the doors on justice. This is an affront to the very principle of open justice, and PeaceKeepers demands accountability and transparency from our courts.
Open Justice: A Constitutional Imperative, Not a Privilege
The principle of open justice is a cornerstone of our liberty. As the renowned legal reformer Jeremy Bentham famously articulated, “Publicity is the very soul of justice.” This principle asserts that our courts belong to the people, the public, and that justice must not only be done, but it must be seen to be done to maintain its legitimacy. This is not a privilege granted at a judge’s whim; it is a fundamental constitutional right. Therefore, any decision to restrict public access must be justified by the highest standard: strict necessity.
PeaceKeepers is appealing the High Court’s decision because Judge Dame Hill fundamentally erred in her application of this principle. She wrongly treated this fundamental constitutional right as a mere “case management” issue of the lower court, applying a low “rationality” test instead of the stringent “strict necessity” standard. In doing so, she failed to uphold and protect the public’s inherent right to witness justice being performed in their name.
Two Clear Breaches of Open Justice on a Single Day
This failure by the court manifested in two distinct and egregious ways on the same day of our hearing:
- Remote Access Denied on a Flawed Excuse: Over 70 members of the public meticulously followed the court’s own instructions, applying for a video link to observe the hearing remotely. Evidence clearly demonstrated that the video link was prepared and ready, merely awaiting District Judge Healey’s authorization to activate. Yet, he inexplicably refused all 70 applications, claiming it was “impractical to set up the links.” This excuse was directly contradicted by the facts; all that was required was for him to press a button. The High Court failed to properly scrutinize this demonstrably flawed reasoning and, astonishingly, accepted District Judge Healey’s unsubstantiated claim.
- In-Person Access Denied Without Any Reason: In addition to remote denial, individuals travelled for hours to attend the hearing in person. They filled the small eight-seat public gallery, yet 13 empty seats remained in the main body of the courtroom. Despite this available space, the judge refused to allow anyone to use them. His reason? He provided no reason at all. An unexplained decision to exclude the public can never satisfy the test of strict necessity. Such an action is, by its very definition, an arbitrary exercise of judicial power, undermining the foundational principles of transparency and accountability.
Both a decision based on a demonstrably flawed excuse and another based on a complete absence of any justification constitute blatant breaches of the open justice principle.
Demanding Accountability: The Path to the Court of Appeal
PeaceKeepers is taking this crucial matter to the Court of Appeal to unequivocally demand that justice is treated with the gravity and constitutional importance it deserves. A judge’s “discretion” must never outweigh the public’s fundamental right to accountability and transparency. We are resolute in ensuring that the doors of our courts, whether physical or virtual, remain open and accessible to all citizens. The current reluctance to allow full transparency, particularly in Magistrates’ Courts, is deeply concerning. We firmly believe that if the public were truly aware of what transpires within these courts, swift and profound changes would occur.
This case is about more than just a single hearing; it is about upholding the very fabric of our justice system. We are forcing our courts, especially at the lower levels, to adhere to their duty to provide open and accountable justice to every individual.
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