Cape Town - Murder accused Jacobus Oosthuizen’s application to block the media from his bail hearing was heard in the Paarl Magistrate’s Court this week.
Oosthuizen stands accused of the murder of his pregnant former girlfriend, Nicola Pienaar, in January.
He brought the application to bar the media against the director of public prosecutions, Independent Media and Media 24, citing his right to a fair trial as the basis for the application.
His lawyer, Arthur Olsen, told the court the application was justified by the “historic conduct” of the media since his arrest.
Olsen asked the court to consider Oosthuizen's right to a fair trial and a right not to be prejudiced in any way.
He said journalists had reported false information about Oosthuizen and this was making him anxious about testifying in the presence of the media.
According to Olsen, some media had reported Oosthuizen had confessed to murdering Pienaar, when in fact he made “some admissions and pointings” to the police.
Oosthuizen was arrested in Port Elizabeth several days after Pienaar was reported missing. Police said he had led them to a shallow grave containing her body in his parents’ garden. He was also in possession of her mother’s car as well as Pienaar’s bank cards.
In opposing the application, prosecutor Nathan Johnson said it was the court’s duty to ensure “the courts were seen as impartial” and all accused persons were treated equally.
Johnson dismissed Olsen's argument about witnesses being anxious about testifying in the presence of the media. He said the application was instead based on Oosthuizen's concern about his reputation.
He said if the media were barred from proceedings, “the public will see the accused as privileged”. This was supported by Catherine Breytenbach for the National Directorate of Public Prosecutions, who dismissed claims by Olsen that the media were receiving forensic information from officials involved in the case. She said the media were not privy to any information the accused was not.
Legal representatives for Independent Media and Media 24 said it was in the public interest to allow media to attend court proceedings. They said no evidence of possible injury or harm was shown by the defence, emphasising the application was targeting select media.
Independent Media's legal representative, Jacques Louw, said: “What about bloggers or other media like Reuters and Africa News Agency? If the accused has nothing to hide, then the media should be allowed in court."
Magistrate Diane Blaauw said she needed time to study the documents submitted by the parties. She will rule on May 4, which is when Oosthuizen’s bail hearing will be heard.