Judge: Give police technology to probe child porn

THE STATE has been given 180 days to provide the police with the necessary technology, equipment and expert assistance to investigate cyber-sex and child pornography crimes, a High Court judge has ordered.

Justice Frank Seepersad made the order on April 29, in a ruling on a constitutional motion which sought to mandate the State to implement mechanisms and put resources in place so that crimes against children, in particular sex crimes, can be investigated swiftly.

He also ordered the State to pay vindicatory damages of $20,000 to a 25-year-old online child-porn victim who complained of the failure of the police to investigate reports of criminal offences against victims of online child predators. In the lawsuit, she recounted what she endured from the age of 15. She said she allowed an ex-boyfriend to take pornographic photos of her which she “deeply regretted.”

Also joining the claim was the Humanitarian Foundation for Positive Social Change, which has asked for several declarations and an order directing the State to put measures and resources in place for swift investigations.

Although the judge did not grant all the declarations the two claimants sought, or an award for monetary compensation, he declared the police had a duty to ensure that reports of criminal offences under the Children Act were investigated expeditiously. He also declared the victim’s right to equality and protection of the law was infringed and the police’s inability to investigate “was curtailed by operational challenges and the lack of the requisite equipment, technology and resources.”

In his ruling, Seepersad said there was a comprehensive suite of legislation to protect vulnerable groups, including children and women, which created various offences. He also said there were multiple specialised departments in the police service to investigate, among other offences, child pornography.

However, he said, the State’s evidence revealed that “simple devices, pieces of technology” to identify covert telephone numbers and virtual private networks (VPNs) were not readily available to the police.

This, he said, would have stymied the investigative process.

“It is pellucid that the investigation of offences which involve ‘online’ possession and distribution of illicit images requires the expeditious collation of the relevant information, as offending online groups may regularly morph in an attempt to evade detection.

“It is also obvious that the need for expedition is compounded by the fact that serious harm can be occasioned to minor victims, in a short space of time, if the offenders are not apprehended with alacrity.”

Seepersad added, “In the age of the internet, a photograph can now travel instantaneously throughout the world by the click of a mouse or the tap of a phone.”

He also said with the increased use of smart devices, engagement on various social media platforms and Trinidad and Tobago’s seemingly “insatiable appetite for pornography,” there was the likelihood of serious harm to minors through the distribution of illicit photographs.

As he pointed out, “For over two decades, the society is still haunted by the unsolved sexual violation and murder of Akiel Chambers.”

Chambers, 11, was found dead in 1998 in the swimming pool of a Maraval house after attending a children's party the day before. He had been sexually assaulted. His murder was never solved but there were reports that he may have been the victim of a paedophile ring.

“There, therefore, exists in this republic an undeniable need to afford special protection to vulnerable groups who are targeted for exploitation, such as minors, women and members of the LBGTQ community.

“The police must treat reports from these vulnerable groups with urgency but the obligation to do so is heightened when the report involves minors as they are defenceless.”

The judge was also critical of an apparent “about-turn” by the police after the victim’s concerns were raised in media reports.

He said while the victim’s first report was devoid of actionable details, it was only after she made a second report the police cybercrime unit contacted her and was “shockingly, told that nothing could be done to assist her,” the judge said.

“There is an unfortunate tendency in this republic to sweep issues under the carpet in the hope that dysfunction would not be revealed and are only addressed when they are frontally revealed and subjected to public scrutiny,” he said as he lauded the media as“watchdogs of democracy,” while advocating for a free press.

In ruling against the victim's claims of a breach of her rights to privacy, he admitted the tardiness of investigations was neither novel nor unique.

“In this society, administrative dysfunction and the failure by various organs of the State to discharge statutory obligations occur with regularity and inefficient and ineffective service seems to be the norm which is meted out to citizens.”

However, he said if the court was to “carte blanche” rule on a constitutional infringement to the right to private life, the floodgates would be “widely opened,” overwhelming the judicial system and causing a “catastrophic” impact on the Treasury.

Attorney Lee Merry represented the victim and the foundation. Michael Quamina, SC, represented the State.

About the case

In her complaint to the police, the child-porn victim said she received a message from a fake social media account which contained a link to a popular pornographic website.

Some of the images she saw were those taken of her. Her name and other identifying information were also provided.

The images had, by then, been shared by many Trinidadians in online social media groups, she said.

She reported it to the police and also began an investigation to find out how many people had shared her images. It was then she discovered there were photos and videos of young girls, mostly Trinidadians, who appeared to be minors, whose personal information was also shared with those accessing the images.

She said there are many illicit online sex groups on social media and another report was made to the police. The lawsuit said the police were given a flash drive with the information, but months later the investigator allegedly lost it.

It also said the victim was told she should forget about the matter as she could be in danger, and was also contacted by a specialised unit in the police service and told nothing could be done to assist her.

In November 2021, another report was made to the police. Meanwhile, the lawsuit said the victim’s images continued to be shared daily in various illicit online sex groups.

Again in 2022, a report was made to the police. An official report of 17 names, 42 website addresses and two online storage folders was given to investigators.

Reports were also made to the Police Complaints Authority (PCA) providing names of police officers, including one who is allegedly a participant in one of the online sex groups.

She also said while she waited for the police to take action, the number of groups tripled.