ARREST OF JOURNALIST THREATENS PRESS FREEDOM

Transparency International Vanuatu (TIV) has condemned the arrest of a journalist by police saying it threatens press freedom and called on the government to investigate and take disciplinary action over the assault by some Police members against a journalist during a rugby match, to respect the safety of journalists and to act in a fair way.

On March 27, seven policemen arrested Daily Post Publisher Marc Neil-Jones, a day after his newspaper published the incident on the assault on one of his reporters, Samuel Taffo, by a member of the Police Forces Team during a rugby match.

Neil-Jones was arrested for the offence of careless driving, an incident which happened in 2004.He was represented by his lawyer in court in December 21, 2005 but according to his lawyer the magistrate and the prosecutor failed to turn up.His lawyer was then told by the court house staff that he would be notified of a new court date.The next notice received by Neil-Jones and his lawyer, was Neil-Jones’ warrant for arrest which says that he is being arrested and should be detained until May 12, 2006 where he should then appear in court.

TIV is not concerned whether Neil-Jones was guilty of careless driving or not.The law should follow its course. What TIV is now questioning is the over reaction of the Police and the legal procedure undertaken and how the police treated a veteran journalist and its newspaper.

TIV wants to know how come the magistrate, Honorable Nesbeth Wilson, gave the order of arrest and detention when there was no prior notification of any court date?Why were there seven policemen including one security guard of the President, apparently the Captain of the Police rugby team whom Mark criticized the week before, present to arrest a single harmless man when every one knows in town that it is almost impossible to get a policeman’s attention for any crime because of their habitual excuses (no staff, no car, no fuel!!!)?Why was Neil-Jones brought to the old jail where he could not obtain medical treatment for his diabetes?Why was Neil-Jones initially denied access to his lawyer and was not allowed to make any telephone calls or have access to visitors?

It is very unusual for someone to be put in jail for six weeks on a careless driving charge prior to it going to court. There are people who have killed children through careless driving in the last few years and they are still walking around while their cases are progressing slowly through the court system.Neil-Jones spent 7 hours inside the old jail.

When Neil-Jones’ lawyer appealed to the Supreme Court, it quashed the order for his arrest and detention and ordered the immediate release of Neil-Jones.It is pleasing to see that the Supreme Court carried out their responsibilities in the correct manner.

It seems that there has been a serious abuse of power or a serious error from the magistrate. It is also possible that this is an attempt by the police officers to get back at Mr. Neil-Jones as all the seven policemen and the security are members of the rugby team which were the subject of the exposed story that the paper published under the heading, “Violence threatens police image.” The story was about the incident at a rugby match when Taffo who was covering the event, was assaulted by a member of the police force for taking a photograph of the rough behavior of the police rugby team against its opponent, the USP team.

Police have been placed in a position of authority to protect the people of Vanuatu and not to instigate it.The arrest of Daily Post’s publisher and the assault on one of his reporters are clear indication of violation of rights of journalists at work as well as a threat to the right of press freedom.

Media have a responsibility to help strengthen and support democratic processes acting as a government watchdog and as an instrument to inform the society of necessary information that directly affects their lives.However, media has to be accountable in the public’s interest – that is, they are expected to behave in certain ways that contribute to the public good in the same way that law enforcers are mandated to ensure law and order in the community.

TIV is seriously concerned that some members of the Police Force are out of control and calls on the government to immediately regain control of the police force. TIV calls on the officials of the police force to undertake a full investigation behind the jailing of Neil-Jones and the assault on Taffo and to suspend any officers involved. What is frightening is the intensity of the Police’s overreaction to a small incident during a friendly game of rugby.This could have been sorted out by a simple apology and life continues, but No!What will the police do if the criticisms are more serious?

The Acting Commissioner has referred the matter to the Minister of Internal Affairs.TIV feels that the Commissioner and Minister should use their respective powers under the Police Act (CAP 105) to interdict the responsible officers pending the inquiry into their actions.

TIV also calls for members of the Parliament to introduce a bill which recognizes press freedom and right to information.

The right of freedom of expression is guaranteed under the constitution but there is no guarantee for freedom of the press or the right to information. There is no separate freedom of information legislation that would provide easy access to information as well as a legislation that will safeguard the wellbeing of the Vanuatu media.

Vanuatu is a democratic country and press freedom is essential in order to have democracy.Good journalism, which is the free reporting and exchanges of opinions creates and nourishes democracy.

If the government will not act on this issue, we will find journalists doing what is deemed to be right, the subject of considerable intimidation and threats by agents of the state such as the law enforcers.

TIV is also calling for all local journalists to work together in unity in defending each and everyone’s rights in the media industry in order to create a strong free media environment in Vanuatu.

Transparency International Vanuatu

The Board of Directors

MN Ferrieux Patterson