Law Association condemns leak of sex assault victim's name, details of case

A DAY after head of the Assembly of Southern Lawyers Saira Lakhan condemned the leaking of confidential information – including the name of the alleged victim – in the matter of attorney Martin George who is charged with sexual assault offences, the Law Association (LATT) has also expressed similar concerns to those of Lakhan.

In a press release on July 11, the LATT said it was gravely concerned over the recent circulation on social media of the highly confidential information.

George was arrested at his Port of Spain chambers on July 8 and was later charged with grievous sexual assault and indecent assault. The alleged victim is said to be an attorney.

In the wake of these charges, for which he was granted $150,000 bail and the matter adjourned to October 7, information including the name of the victim and a very detailed and graphic report of the incident, which gave rise to the charges against George, were leaked and widely circulated on social media.

On July 10 – in a release issued in her personal capacity – Lakhan condemned the leak and demanded a police investigation saying this was a "gross violation" of the alleged victim's right to privacy and dignity. Lakhan added that the leak was an affront to the integrity of the justice system.

Commenting on the leak, Deputy Commissioner of Police (Intelligence and Investigations) Suzette Martin confirmed on July 10 that the TTPS' Cyber Crime Unit was investigating this leak.

In its July 11 release, the LATT said it condemns the publication and dissemination of the virtual complainant’s name, image and details of her statement given to the TTPS, "which are now circulating widely online."

The association reminded that Section 32 of the Sexual Offences Act, Chap. 11:28, makes it a criminal offence to publish or broadcast any information likely to lead to the identification of a complainant in a sexual offences matter.

The association said the law is clear, and it applies equally to traditional media outlets and social media users.

"The rationale behind this prohibition is to protect victims of sexual offences from further trauma, stigma and public scrutiny." As such, the LATT said, the unauthorised disclosure of sensitive information not only breached the law but also undermined the dignity, privacy and safety of the people involved.

The association said this "troubling incident" reflects a broader and increasingly prevalent trend in TT – the unauthorised leaking and sharing of police evidence, crime scene footage, witness statements and other sensitive information that ought to remain in the custody of the appropriate investigative authorities.

"This must not become the norm. The protection of the justice system depends on maintaining the confidentiality of such material until due process is followed."As such, the association said, it is calling on the TTPS and other relevant authorities to investigate the source of this leak and to hold accountable any individual responsible for this unlawful and unethical conduct.