Wed | Oct 17, 2018

Appeal Court reserves ruling in INDECOM/Digicel case

Published:Monday | November 17, 2014 | 1:52 PM

The Court of Appeal has reserved its judgement in the appeal case involving the Independent Commission of Investigations (INDECOM) and telecommunications provider, Digicel.

INDECOM is challenging a ruling by the Supreme Court that it has no authority to compel Digicel to provide it with call data.

Digicel had refused INDECOM’s request for it to provide 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.

Justice Indgrid Mangatal heard the matter and ruled that Digicel was not compellable under the INDECOM Act, adding that the company, was restricted from providing subscriber information regarding the use of its services by third parties to INDECOM under the Telecommunications Act.

The judge said if Parliament had intended for INDECOM to obtain compulsorily information from Digicel or any other telecommunication provider, then it would have been legislated in the INDECOM ACT as exists in the Contractor General's Act.

INDECOM boss Terrence Williams, in his submissions, asked the Court of Appeal to find that the judge erred in her decision.

Williams argued that Digicel did not enjoy absolute or unfettered discretion to decide whether to disclose the information.

Digicel lawyers say they agree with the judge's ruling and see no reason to have it reversed.


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