The judge fears that “the intended public screening of the contents of the audio-visual recordings to the public by the 1st Defendant is prejudicial to the Plaintiff's right to a fair hearing”.
Paul Dery who is one of the 12 High Court judges implicated in a judicial scandal also insists that his privacy was violated when Tiger Eye Private Investigations recorded him without his knowledge or permission.
But according to the law lecturer, the embattled judge faces a “herculean task” in seeking to use the courts to block the public broadcast scheduled for 22nd September 2015.
Already, international news agencies like Al-Jazeera may have obtained copies of the video, making it difficult for a Ghanaian court ruling to affect an international news outlet’s decision to air the damming evidence, he argued.
Social media is also an irrepressible means of circulating information, Dr. Adusei Poku of the University of Ghana School of Law noted.
He said judges are very “practical people” and would hesitate to give a ruling that is unenforceable.
The video was put together by award-winning journalist Anas Aremeyaw Anas.
Raising another possible impediment to Justice Dery’s quest to block public broadcast, the law lecturer says even serving the writ on the elusive undercover journalist Anas Aremeyaw Anas will prove difficult.
Where you are going to find Anas to serve, he wondered. “It is a fruitless exercise”, he believes.
Allaying the fears of the judge that the public viewing will prejudice investigations, the law lecturer said a committee of seasoned judges will decide the case and not the public.
“The work is not going to be done by the Ghanaian population” Dr. Adusei said.
Dr. Adusei also explained that even if the injunction is granted, the ruling will only affect Anas Aremyaw Anas and his Tiger Eye PI.
The ruling will not affect for example, a civil society group interested in also broadcasting the damming video.