Court rules that Amoi Leon-Issa should turn over key to her iPhone to facilitate investigations into the death of her son Gabriel King
The Constitutional Court has ruled that businesswoman Amoi Leon-Issa is to turn over the key to her iPhone this afternoon (September 29) to facilitate the investigations into the death of her son last year.
Justice Lorna Shelly Williams who delivered the verdict this morning, said the key should be handed over by 4 this afternoon.
Mrs. Leon-Issa had challenged a production order granted by a parish court judge for her to provide access to the phone, claiming her constitutional rights were being breached.
Investigators want to examine data in the phone, as part of investigations into the death of 9-year-old Gabriel King.
He was murdered during the alleged robbery of his mother’s motorcar on January 13, 2022.
The child who was autistic was in the back seat of the car when Leon-Issa said men dragged her from the vehicle she was driving in Montego Bay and drove away.
The car was found abandoned hours later with the boy’s throat slashed, and his mother’s cellular phone and the murder weapon beside him.
Police investigators went to court to get access to the data in the mother’s cellular phone.
Justice Shelly Williams said among other things, the judges looked into whether or not the production order issued, breached the claimant’s rights to privacy.
She said the cybercrimes act, contains the necessary safeguards to limit harm or risk to enjoyment of the right to privacy and is therefore proportionate to the state’s aim to investigate serious crimes in a digital society and therefore demonstrably justified in the circumstances.
Justice Shelly Williams further explained the court’s decision.