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Controversy among Judges on External Influences on Rulings in Public Opinion Cases
Published in Almasry Alyoum on 29 - 11 - 2008

The gag order in public opinion cases has caused a controversy among judges. Some of them believe that judges live amid the people but not with them, saying this is a general rule in their work and that judges can separate public information from private one with regard to the cases considered.
Others, though, said they are against the media's interference, explaining that the media may express its opinion about the cases being considered before the court and therefore affect them.
Court of Cassation Deputy Chief of Justice Mahmoud Mekki said: "Judges fend off external influences and just focus on the documents they have. The more judges are capable of staying away from external influences, the more they can make justice."
He pointed out that at the beginning of their work, judges train themselves not to be influenced by such factors.
He said the publication of information being considered in the court can affect negatively not only the judge, but indeed the people.
"Judges who cannot separate public information from private one loses a great part of the nature of their work and if they feel embarrassment or an inclination because of external influences, they have the right to leave the case" he affirmed.
Mekki added that the media which does not report objectively is dangerous because it affects the public opinion and makes the judge's ruling shocking for the people.
Court of Cassation former Chief of Justice Adel Qoura said the public opinion has the right to know all that happens during the trial, but the media should just report on the facts and not condemn or acquitt anyone.
The former president of the Alexandria Judges Club Mahmoud el-Khudairy said judges face a difficult task when they pass a ruling running counter to the public opinion.
Counselor Fathi el-Kurdi, one of the judges who considered the case of carcinogenic pesticides, said judges are influenced by the media in a way or another, as they are human beings.
He affirmed he had not resorted to a gag order in the case of carcinogenic pesticides because otherwise the case itself would have been transferred to another circuit.
He added he had allowed only journalists to attend the trial session while he had banned photographers and other media.  


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