A High Court Judge has denied a request from the T&T Police Service (TTPS) to compel businessman Adrian Scoon to disclose his passwords and biometric data for his electronic devices and social media accounts as part of its investigation into an allegedly illegal event onboard his vessel, last December.
In a 12-page judgment, Justice Geoffrey Henderson ruled that the request, made under the Interception of Communications Act, was not proportionate to what the TTPS is seeking to achieve.
“I am of the view that the relief seems excessive and disproportionate in the face of what the applicant seeks to achieve, that is, to gather evidence of promotion of an event,” Justice Henderson said.
Henderson noted that the TTPS was seeking the disclosure although it had admitted that it had gathered some evidence of advertisement without the access.
“While it is within the discretion of the applicant to seek to gather additional advertisements, I see no rational connection with that aim and the wide breadth of the orders sought,” Justice Henderson said.
He said the court had to be careful in limiting Scoon’s right to privacy beyond what is reasonable and what can be reasonably contemplated under the legislation.
Scoon, the owner of the Ocean Pelican vessel, came under investigation after police raided an event on the vessel on December 6, last year, for allegedly being in breach of ongoing public health regulations for the COVID-19, which precludes large gatherings and the operations of party boats.
Scoon, the son of Trade and Industry Minister Paula Gopee-Scoon, denied any wrongdoing as he claimed that the vessel was converted into a restaurant and safe zone under the regulations.
On January 5, officers of the Carenage Police Station led by acting Inspector Ramjattan executed search warrants at Scoon’s homes in Port-of-Spain and seized two laptops and a cellphone.
After the seizure, investigators requested that Scoon disclose his passwords but he refused.
Later that month, Scoon filed judicial review proceedings challenging the decision of the Justice of the Peace to grant the warrants. Scoon has been granted leave by High Court Judge Ricky Rahim to pursue that case, in which his lawyers are claiming that there were no valid grounds to grant the warrant.
Scoon was represented by Kiel Taklalsingh and Stefan Ramkissoon, while Kerron Ramkhalwhan and Verson Jeanville represented the TTPS.
