Cell phone tracking equipment not illegal
- Gajraj
Stabroek News
February 6, 2003
There is no law prohibiting the use of a computer to intercept telephone calls once the privacy of an individual’s home is not invaded, says Home Affairs Minister Ronald Gajraj.
Stabroek News had approached Gajraj about the reported use by the police of a computer confiscated from three men allegedly held at Good Hope with an arms cache in December. The use by police of technology which can locate the position of cellular phones had been revealed by Head of the Presidential Secretariat Dr Roger Luncheon last month. But Luncheon has since withdrawn his statement saying reporters had misunderstood what he said.
Gajraj told Stabroek News that there is nothing in common law that prevents a person listening to a telephone conversation nor is there any specific law to allow for or disallow wire-tapping.
The three men were arrested on December 4, after police reportedly found them with a cache of high-powered weapons and ammunition.
They are Shaheed Khan, Haroun Yahya and policeman Sean Belfield and they have since been charged with illegal possession of arms and ammunition.
A legal expert has told Stabroek News that there is no breach of the law as long as the device for the purpose of listening in on the calls isn’t placed in the person’s home.
This view is based on the decisions of a number of English cases.
The expert said too that there was no breach of the law simply by being in possession of the computer. What the Police have to address is whether, given its functions, its sale is restricted and whether the person in whose possession it was found had permission to buy it.
The expert said too that there was no law preventing a person from installing bullet-proof features on a vehicle as the law allows for a citizen to take measures to ensure his safety.
Police Commissioner Floyd McDonald has declined to comment on any issue about the computer as he says it is part of a matter before the court.
But legal experts have told Stabroek News that the computer was not an issue before the court since it does not form part of the charge of illegal possession of arms and ammunition laid against Khan, Yahya and Belfield.
Stabroek News understands from usually reliable sources that the computer was never lodged at the Criminal Investigation Department and officers of that department are unaware of its whereabouts.
Nor have the sources had any requests for the return of the equipment to those who own it. Stabroek News also understands that no inquiries have been made of the Customs and Trade Administration of the Guyana Revenue Authority to determine whether it was legally imported into the country.
The bullet-proofed vehicle in which the arms, ammunition and the computer was found is still lodged at Eve Leary and no advice about its release has been given to the Police. (Patrick Denny)
