Appeals Court rules Digicel was right in refusing to hand over call data to INDECOM
The Court of Appeal today ruled that telecommunications company Digicel was right when it refused to hand over certain telephone records to the Independent Commission of Investigations (INDECOM).
In its ruling, the Court of Appeal said the notice issued by the oversight body to Digicel on September 27, 2011 did not specify the purpose for which it was issued.
The court said if INDECOM had stated that it wanted the information in relation to a criminal investigation, it would have been entitled to subscriber information pursuant to provisions under the Telecommunications Act.
The court made no order in relation to costs.
INDECOM was seeking from Digicel call data records and subscriber details for several phone numbers to assist in its investigation into the 2009 shooting death of entertainer Robert 'Kentucky Kid' Hill.
INDECOM had issued a notice to Digicel under section 21 of the INDECOM Act for the company to disclose the information.
INDECOM was represented by attorneys Terrence Williams and Rhona Morgan, while Digicel was represented by Maurice Manning and Michelle Phillips.