THE Court of Appeal has reserved judgement in the appeal from the Independent Commission of Investigations (INDECOM), which is challenging last year’s ruling by the Supreme Court that it has no authority to compel telecoms provider Digicel to provide it with call data.

Judgement was reserved without a time being set by which a ruling is to be made.

Lawyers for the commission had argued before the court that INDECOM is one of the institutions entitled to call data records.

The ruling being appealed by INDECOM was made by Justice Ingrid Mangatal last year June. The ruling stumped INDECOM’s plans to obtain telephone numbers and call data of the police officers allegedly involved in a conspiracy linked to the 2009 shooting death of entertainer Robert ‘Kentucky Kid’ Hill at his home at Ivy Green Mews near Cross Roads.

Mangatal had ruled that:

1) Digicel is restricted from providing subscriber information regarding the use of its services by third parties to INDECOM pursuant to subsection 47 (1) of the Telecommunications Act;

2) Digicel is not compellable under section 21 (1) of the INDECOM Act to provide customer/subscriber information and/or traffic data to INDECOM.

Three policemen — Constables Gary Thomas and Norval Warren and Special Corporal Uriel Anderson — and civilians Marvia Morgan and Donovan Brown were ordered charged in September in relation to Kentucky Kid’s killing. However, formal verdicts of not guilty were entered when the case was called up on October 14.

Director of Public Prosecutions Paula Llewellyn, who set off a firestorm with the decision not to pursue the prosecution of the accused, insisted that there was no evidence to support the prosecution’s claim of murder.

Commissioner of INDECOM Terrence Williams, who insists that there is sufficient evidence to prove murder, has since sent a report to Parliament.