Govt Denies Tapping Phones

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Monday, 14 June 2010 06:15

By Kam Wright

The government, through Minister of Telecommunications and Information Dr Edmond Mansoor, has said it does not have the technology to wire tap telephones and monitor the conversations of residents in Antigua & Barbuda.

His response was intended to dispel speculation about phone tapping that could constitute an invasion of privacy.

The Prevention of Terrorism Act 2005 provides for the interception and admissibility of intercepted communication by the government to secure evidence on the commission of a crime.

Section 24 states that a police officer or an officer of the Office of National Drug Laundering Control Policy (ONDCP) “may, for the purpose of obtaining evidence of the commission of an offence under this Act, apply, ex parte, to a Judge of the High Court, for an interception of communications order.” But the officer can only make the application with the prior written consent of the Attorney General.

The law also indicates that a judge to whom an application is made, may make an order which requires a communications service provider to intercept and retain a specified communication or communications of a specified description received or transmitted, or about to be received or transmitted by that communications service provider.

Police Commissioner Thomas Bennett said while the technology exists, he can definitively say that the local force does not have it.

“There is nothing in place, that I am aware of anyway, but it doesn’t take much to be able to get the equipment. But as far as the Royal Police Force goes, we don’t have that specific capability, no,” he told Caribarena.com. “What we are waiting on is legislation to support it so that we can put things in place to develop that capability with regards to criminal investigations. If that technology exists, we have to make sure that we go through the courts to obtain the appropriate warrants. Because we can’t do it unless you have the appropriate warrants from the court."

The man heading the ONDCP, Lieutenant Colonel Edward H Croft, said he would not comment on the government’s capabilities, since that question should instead be posed to the government.

“Let me not even comment on that. That is something I would not touch," he said. "If you want to know, go to the government system, let them tell you whether or not there is the capability. Any capability that we have cannot be discussed, neither how we do our job. That is not something I would discuss with you."

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