Another court loss for DPP! Case involved arrest of Mickiel Robin
However, in the case of Mickiel Robin versus The Director of Public Prosecutions (DPP), it was shown that Mr Robin was subjected to a few warrants issued by a magistrate, and some of his property was confiscated. However, the court noted that some of the property that was confiscated was not incidental to any crime or investigation thereof, and was not listed on the backing of the warrant, as was required.
Warrants ‘unlawfully’ issued by magistrate
In addition, two of the warrants required that Mr Robin hand over his phone and give the police force access to the phones by providing a pin. That warrant was made pursuant to the Computer and Cybercrime Act. Mr Robin refused to give the police access to his phone. As a consequence, he was charged under section 14L(4) (b) of the Computer and Cybercrime Act for failing to comply with a request of a police officer. He was also charged with possession of a controlled drug and murder. However, the Court held that a warrant issued under the Computer and Cybercrime Act could only be issued by a high court judge.
The court noted that a warrant issued under the Computer and Cybercrime Act can only be used further to investigate an offense under the Computer and Cybercrime Act.
Judge Thomas W. R. Astaphan KC ruled that section 14L(4) (b) of the Cybercrime Act was unconstitutional, because it infringed on a person's right to silence, which includes the right not to provide self-incriminating evidence.
DPP’s arguments rejected
The judgment represents a rejection of the arguments advanced by the crown counsel from the Office of the DPP in relation to the application of the Cybercrime and Computer Misuse Act and the right to silence.
Judge Thomas W.R. Astaphan in his ruling affirmed that the Right to Silence mandated to be promptly informed to a person arrested or detained by section 15(3) of the Constitution of the Virgin Islands is a Constitutional Right afforded to the people of these Virgin Islands.
As a result of the rejection of the DPP’s arguments, the charge for failure to comply with a request from a police officer was quashed as being unconstitutional.
It is unclear whether Mr Robin was in fact also charged with murder and/or possession of a controlled substance. He was represented by Attorney Israel Bruce.
Click HERE to view court ruling
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16 Responses to “Another court loss for DPP! Case involved arrest of Mickiel Robin”
are the things draining our treasury and all else including FSN.
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