Ex Parte Republic under Supreme Court (Interception of correspondence or other means of communication) (2 of 2010) [2010] SCSC 62 (17 January 2010)

Ex Parte Republic under Supreme Court (Interception of correspondence or other means of communication) (2 of 2010) [2010] SCSC 62 (17 January 2010)

The necessity and desirability of intercepting the specified IP address and related communications to identify the sender of harassing and threatening emails justifies the issuance of the warrant under Rule 6.

Citation
[2010] SCSC 62
Parties
Petitioner: Republic; Respondent: Cable and Wireless; Warrant Recipient: Assistant Superintendent of Police Francis Sangoire
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 January 2010
Case Number
2 of 2010
Procedural Posture
Criminal / Warrant Issued
Outcome
warrant granted
Legal Topics
Interception of Communication, Harassment, Threatening Communication, Investigation Powers
Source Language
English
Criminal Procedure Telecommunications Law Interception of Communication Harassment Threatening Communication Investigation Powers

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Parties

Republic

Petitioner

Cable and Wireless

Respondent

Assistant Superintendent of Police Francis Sangoire

Warrant Recipient

Procedural Posture

Criminal / Warrant Issued

Legal Issues

  1. 1 Whether interception of electronic communication is necessary for investigation of harassment and threatening emails
  2. 2 Whether police may be authorized to obtain subscriber information from telecommunications provider

Ratio Decidendi

The necessity and desirability of intercepting the specified IP address and related communications to identify the sender of harassing and threatening emails justifies the issuance of the warrant under Rule 6.

Court Disposition

warrant granted

Orders

  • Assistant Superintendent of Police authorized to intercept correspondence or means of communication from IP address 41.191.120.176 for 14 days.
  • Cable and Wireless ordered to provide particulars of the IP address, owner or possessor, and any other relevant information to assist police investigation.