Supreme Court orders Leon-Issa to hand over phone to detectives probing her son’s death
Shemar-Leslie Louisy / Our Today
Detectives probing the death of nine-year-old Gabrielle King overcomed a major hurdle after the Supreme Court on Friday (September 29) ruled in favour of a production order for Amoy Leon-Issa to relinquish access to her cellphone to assist with the investigation.
Detective Constable Julian Frazer had sought a production order to access data on an iPhone, which is believed to contain crucial information to the investigation into the abduction and killing of her son.
The order was granted by Judge Sasha Marie Ashley in the Saint James Parish Court.
But Leon-Issa challenged the production order, claiming that it violated her constitutional right to privacy. She filed a claim seeking various declarations and relief, ultimately arguing that the order was overly intrusive.
The Supreme Court
The circumstances under which the iPhone came to be in the possession of the police is also of great importance. The iPhone was retrieved from the vehicle that Gabrielle King’s body was recovered from and the claimant (Leon-Issa) stated in her affidavit that she had given the iPhone to King to keep him occupied while he was in the vehicle. Based on these facts it is understandable and reasonable that the investigators would wish to view and possibly utilise the contents of the iPhone to assist them in their investigation.
The court held that although there was a breach of the claimant’s right to privacy, it was proportional in a free and democratic society. The court emphasised the importance of balancing individual’s privacy rights with the needs of a criminal investigation.
The court’s final orders included a requirement for Leon-Issa to produce the key to the iPhone as per the varied production order by 4 p.m. on Friday, September 29.
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