THE POLICE SERVICE can publish images, names and addresses of an accused where the law permits it.

However, the TTPS cannot disseminate the police booking photographs or mugshots. This was the ruling of Justice Frank Seepersad on February 14, as he upheld only one aspect of a police officer’s lawsuit against the State.

Acting Cpl Narindra Beharry, who saw his mugshot on several media sites and complained that the dissemination of his mugshot violated his right to privacy, sued the State for the alleged breaches of his constitutional rights.

The right to privacy aspect of Beharry’s claim was rejected by the judge. He did agree the police acted inappropriately by publishing the officer’s mugshot, although he did not award him any compensation.

In his ruling, Seepersad said, “This society is inundated with criminal activity and most citizens live in fear. With every passing year, the situation worsens.

“There seems to be no effective plan to abate the lawlessness and members of the public feel helpless. Against this backdrop of societal dysfunction, citizens and residents should be made aware of the persons who are charged and brought before the court,” he said, as he held that the police can publish photographs of an accused person.

“The free and unfettered dissemination of information within the parameters of the law is one of the foundational pillars upon which a democracy is premised.

“Once persons are charged, save where the statute prohibits, the media and the TTPS cannot be condemned if they elect to publish the image of accused persons and it is ludicrous to contend that any such publication infringes the right to privacy or that same is defamatory.”

He said the police had a duty to keep the public informed.

“The claimant is a police officer and having found himself in a situation where a criminal charge had to be instituted against him, he cannot now claim that he has a right to privacy with the dissemination of his image for the said charge.”

He said the police could use photographs of an accused already in the public domain.

For officers, the police can use photos on their files such as those when officers applied for the job, those available on the internet or updated photos taken for employment records.

“The court is therefore resolute in its view that it was in the public’s interest to publish an image of the claimant but finds that an unauthorised or improper photograph was used…”

However, he said the legislation limited the use of mugshots for identification purposes only.

“The TTPS has no legislative authority nor does it have the capacity to interpret, alter or amend legislation.”

He was referring to the police's media policy explained by ASP Joanne Archie, manager of the police service’s corporate communications unit, which was updated in 2021 and approved in January 2022. It is reviewed every two years, with the next review carded for January 2024.

Seepersad said the implementation of the policy to use mugshots to identify an accused to the public was flawed.

“An