Latest update April 25th, 2024 12:59 AM
Nov 10, 2011 News
…suggests Rohee was talking about traditional information sharing
Government spokesperson and Head of the Presidential Secretariat, Dr Roger Luncheon, yesterday denied that
the administration has been illegally wiretapping persons’ phones for the purpose of eavesdropping.
Dr Luncheon was speaking at his weekly press briefing at the Office of the President. He was at the time responding to a comment by Home Affairs Minister, Clement Rohee, the previous day that there were successes gained through the wiretapping legislation (Interception of Communication Act) among others.
Rohee had made the disclosure as he was giving People’s Progressive Party Civic campaign updates at Freedom House. He said that the administration has been making progress with respect to the use anti-crime legislation, which he said the political opposition did not support in the House.
Rohee made specific reference to the wiretapping legislation, the plea bargaining legislation and the use of paper committals, which bypass the use of a Preliminary Inquiry in the Magistrates’ Court.
The Minister did concede that the legislation was not being used extensively, but that there has been relative success.
“In areas where we scored I would say reasonable success is the plea bargaining legislation.”
He said too that they have experienced success in what is called “eavesdropping… yes, the wiretapping.”
However Dr Luncheon yesterday told media operatives that he would want to offer some clarification.
“This is based on my personal involvement in this,” he said adding that the legislation that “we have in a very general way referred to as wiretapping includes both amendments to the Telecommunications Act as well as the introduction of the legal intercept of communication.”
Dr Luncheon told media operatives that in so far as the legal interception of communication is concerned, “I have absolutely no doubt in my mind that a resort to illegal wiretapping has not taken place…has not been carried out by this administration.”
The Head of the Presidential Secretariat opined that his suspicion is that the use of the word or the term wiretapping legislation by reporters and even Minister Rohee reflected on the administration’s resort on the cooperation that has been provided historically by the telecommunication service providers.
He said that this information relates to transactions, “telephone calls being made by subscribers.”
Dr Luncheon said that this provision is considered hallowed. “I think most Guyanese became aware of the availability of such information and its provision to the security forces even before the 2008 enactment.”
He said that one of the more celebrated occasions where this was done involves the inquiry into the Former Minister of Home Affairs Ronald Gajraj.
Gajraj was implicated as being in the upper echelon of the infamous Phantom Killing Squad in concert with convicted drug trafficker Roger Khan who is currently serving a sentence in a US prison.
Dr Luncheon said that indeed the administration has been enjoying successes in police investigations with information provided by the telecommunication service providers.
“Illegal interception of communication has not been practised by this administration,” Dr Luncheon reiterated.
Minister Rohee in speaking to the successes in utilizing legislation mentioned that he could not pronounce on how extensive they have been used, adding that, “it depends on the nature of the case and the individuals involved.”
The Interception of Communication Bill, commonly called the ‘’Wiretapping Bill’ was not unanimously approved in the National Assembly but was subsequently assented to by the president, putting a strain on the telephone companies, namely the Guyana Telephone and Telegraph Company and Digicel, to expend some US$1M each or face possible sanctions should a request be made and they are unable to comply.
According to the legislation: “If a judge issuing a warrant under this Act is satisfied that the operation of a public or private telecommunications system has failed to comply with the warrant for want of any support services for the transmission, switching equipment or any other technical facility or requirement, he may direct that the owner, operator or licensee of the telecommunications system shall, at his own cost, forthwith provide the required support service, install necessary switching equipment, or provide the technical facility or requirement, as the case may be, for complying with the warrant to the satisfaction of the court; and the compliance with this subsection shall be deemed to be a condition in the licence granted for the operation of the telecommunication system.”
The legislation, which was debated for hours on end in the House, was condemned by the opposition as “suspicious and unconstitutional”.
Rohee who piloted the Bill, had at the time of the debate said that there was no need for paranoid concerns, given that the legislation was laden with safeguard clauses.
The legislation gives the power to the Commissioner of Police, the Chief of Staff of the Guyana Defence Force, and the Commissioner General of the Guyana Revenue Authority, to apply to a judge to direct the technical officers at the telecommunication companies to intercept the communication of a person without his/her knowledge.
In an emergency, and in instances where deemed a matter of national security, the authorities can move to have a warrant sought for by the Minister of Home Affairs, after which he will have 72 hours to present the application.
There is also a clause in the legislation that allows for a designated officer to order a wiretap in instances deemed emergency, where it is impracticable to reach a judge.
Both telecommunication service providers namely GT&T and Digicel have since denied undertaking any wiretapping under the provisions of the law for the administration of the security service.
Jagdeo giving Exxon 102 cent to collect 2 cent.
Apr 25, 2024
By Rawle Toney Kaieteur Sports – The French Diplomatic Office in Guyana, in collaboration with the Guyana Olympic Association and UNICEF, hosted an exhibition on Tuesday evening at the...Kaieteur News – Dr. Bharrat Jagdeo, the General Secretary of the People’s Progressive Party, persists in offering... more
By Sir Ronald Sanders Waterfalls Magazine – On April 10, the Permanent Council of the Organization of American States... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]