The Judiciary has sought to clarify the decision of the presiding judge in the high-profile murder case of ex-member of parliament (MP) Jolyan Silvera to bar the media and members of his family from attending the first hearing on January 26.

This following widespread public backlash over the decision.

The move generated much debate in the public domain as persons questioned why the judge did not allow the media to view the court proceedings in the high-level murder trial of a former MP. The Press Association of Jamaica (PAJ) called for an immediate rollback of the decision.

However, the Judiciary in a statement noted that members of the media and the general public were barred from the court proceedings because the matter was before the Circuit Court Division of the Gun Court.

Referring to the Gun Court Act, the Judiciary said: “Since 1974, the judges presiding in the Gun Court have excluded members of the public from being inside the court when offences under the Gun Court Act are being addressed.”

It explained that the Office of the Director of Public Prosecutions had preferred an indictment against Silvera, charging him with two counts. Count one charges Silvera with using a firearm to commit a felony contrary to Section 14(2) of the Firearms (Prohibition, Restriction and Regulation) Act; and count two charges him with murder.

Consequently, it said the indictment was preferred in the Circuit Court Division of the Gun Court.

“When persons are indicted and placed before the Circuit Court, there is a default presumption of ready access to the proceedings by members of the public including the media. On the other hand, when persons are charged and placed before any division of the Gun Court (Parish Court Division of the Gun Court, the High Court Division of the Gun Court, and the Circuit Court Division of the Gun Court), the default position created by Section 13 of the Gun Court Act is that members of the public, including the media, are excluded unless they come within the exceptions,” the Judiciary explained.

“The judge is required to give effect to the policy reflected in the statute, which is to create an environment in which witnesses could attend and participate in the proceedings without their identities being made public, or any information being made public that would enable them to be identified,” it added.

Former opposition member of parliament and murder accused, Jolyann Silvera, was charged with the murder of his wife, Melissa Silvera, by the police last week.

He made his first appearance in court on January 26, following the charges. He was remanded in custody until February 8.