The assessor system as a procedural safeguard in the face of adverse pre-trial publicity

Pre-trial publicity regarding a pending siraf case, which may appear in the form of either media coverage of the case or a prior decision in parallel court proceedings (which essentially result in the same facts as the slave case) may be to the detriment of the accused. Such media coverage or findings in a parallel court ruling may offend the accused in the commission of 11, on which he or she is facing. imply. The publisiteii may suggest that the accused is "guilty" of the crime for which he or she is on trial or has a bad temper and has a tendency to commit crime. On the other hand, pre-trial publicity may present the accused as innocent of any criminal offense. In such cases, the question arises as to whether there is an actual or material risk that such publicity will materially affect or harm the impartial settlement of the criminal case; in other words: whether the publicity is likely to create a climate of prejudice in the adjudication process or outcome of the case before the trial court and thereby harm the fundamental right to a holy trial. In South African law, presiding judges and magistrates can adjudicate criminal trials with or without assessors. The use of assessors aims to promote community participation in the adjudication process. It has therefore been argued that assessors, particularly lay assessors in the magistrates' courts, are more likely to be unduly influenced by unfavorable pre-trial publicity than would be the case with trained judicial officers. In this article, however, it is argued that since the assessors consult with the presiding officer during the adjudication process, this may lead to improved adjudication by a broader view of the facts (so-called "enlargement of mind"). Such interaction and reasoning that takes place loops the presiding officer and the assessors can also bring about or promote greater transparency in the adjudication process by exposing and eliminating impermissible factors in the legal decision. such as pre-trial publicity or other pre-trial clc. In this regard, the article analyzes the operation of the assessor system in South African law and explains why particularly serious siraf cases that produce extensive pre-trial publicity should be adjudicated with assessors in the Supreme Court.