Pathologist warns of media's role in justice system
State Pathologist Professor Marie Cassidy has warned the media are in danger of hijacking the role of judge and jury.
In a candid address to the Royal College of Surgeons Ireland, Prof. Cassidy said the threats came from the sensationalisation of crime, unnecessarily graphic reporting, lurid headlines and the questioning of evidence and jury verdicts.
She warned it was only a matter of time before an accused claims there is no chance of a fair trial because of adverse publicity.
“The media have got some influence on how we, the public, perceive crime and the worrying thing I find is how will it effect what happens thereafter – what happens when the case comes to court?” she asked.
“The newspapers have a job to do, the media have a job to do, I have no problem with that at all…. It’s when the headlines become a bit lurid I become concerned.
“It’s only a matter of time before somebody says ‘look I’m not going to get a fair trial because of all this publicity’. It happens quite often in the [United] States but we haven’t really had that problem yet, but the day will come.”
Professor Cassidy, who herself faced days of public scrutiny earlier this year after her opinions on the death of 18-year-old Brian Murphy at the Club Anabel night spot were questioned, warned about the media’s questioning of evidence.
In May, she said Mr Murphy’s head injuries were relatively minor and the most likely cause of death was alcohol-induced apnoea.
But experts went to the press claiming they could not understand how she formed that opinion.
The Prof. warned: “The media is taking it upon themselves to almost usurp the role of the judge and jury.”
And she went on to say that if a lawyer looks hard enough they will always find an expert witness, no matter what the theory is they want backed up.
She said her role in the courts had to be seen as that of an expert neither for, or against, the prosecution. She insisted her evidence and opinions were independent, unbiased and based on the strength of the information she has been given.
Prof. Cassidy also revealed the lengths doctors will go to prevent copycat killings.
At an inquest her colleague, Deputy State Pathologist Micheal Curtis, was asked by a psychiatrist, who was also giving testimony, not to reveal the full details of the death for fear it would give others ideas.
And Prof. Cassidy said consideration should be given to the victim’s family.
“What worries me though however is the effect it has on the families of people out there. Remember there are families behind the deceased and the accused of the crime and this must have a terrible effect on them and their lives and the community,” she said.
Prof. Cassidy also warned trials were being effected in other ways. Some juries may be overwhelmed and swamped by the amount of scientific evidence and can’t determine what is relevant.
She said others may display signs of the CSI effect where they are so used to television programmes and the apparent ease with which forensics are used that they want to see the same in the courtroom.
Prof. Cassidy said with this there was a risk of educating the criminal.
She also warned about the way the medical profession was treated by the media and that bad press was turning young people away from a career in the sector.
She said the influence of media on the public’s perception of doctors, nurses, the health service as a whole and other care workers is having a dreadful effect on recruitment.
