A HIGH COURT judge has dismissed an application by the police for a special warrant under the Interception of Communications Act to force businessman Adrian Scoon to disclose the passwords and provide the biometrics and keys for electronic devices they seized during a search of his home in January.

In a written decision, Justice Geoffrey Henderson said one had to be careful in limiting Scoon’s right to privacy beyond what was reasonable.

“In my judgment, the disclosure requested is not proportionate to what is sought to be achieved.”

On January 5, police searched Scoon’s home in Maraval and his business place at Queen’s Park West, Port of Spain, as part of their investigation of the seaside brunch event which happened in Chaguaramas on December 26, when some 100 people were detained on the craft which Scoon claimed was converted into “a floating restaurant.”

Those detained after the event were released. During the search, police seized Scoon’s cellphone and laptop and other electronic devices and also sought the special warrant after he refused to provide them with the passwords and other data to access the information on them.

He is also challenging the legality of the warrants used for the searches and the seizure of his phones and laptop. This matter is expected to come up for hearing again in March, while police are yet to lay charges despite having reportedly received the advice of the Director of Public Prosecutions.

The searches came after the special restaurant licences issued to him for the Ocean Pelican were reportedly revoked by the comptroller of the Customs and Excise Division when Finance Minister Colm Imbert revealed he raised concerns with granting them because of pandemic restrictions.

Scoon has insisted he received permission to operate the vessel as a floating restaurant and complied with safe-zone protocols.

Henderson said to satisfy a test for proportionality, the request for disclosure must be rationally connected to what is sought to be achieved by the disclosure.

He said the police, acting Insp Ramjattan of the Carenage police station, said in the application the police intended to gather advertisements to the party to assist in its investigations and asserted the party was promoted by Scoon via WhatsApp, Instagram and Facebook.

“This court must be satisfied, then, that the disclosure of the passwords for the respondent’s devices, social media accounts and email is proportionate to what the applicant seeks to achieve.”

He said he was of the view what was sought by the police “seems excessive and disproportionate in the face of what the applicant seeks to achieve, that is, to gather evidence of promotion of an event.

“Not only does the applicant seek passwords and access to the respondent’s devices, the applicant also wishes to have access to all of the respondent’s social media accounts and his emails.

“The applicant, by its own admission, has some evidence of the advertisement of the party. While it is within the discretion of the applicant to seek to gather addi