ST JAMES, Jamaica- The matter concerning the service of a production order by the Jamaica Constabulary Force (JCF) to the mother of deceased nine-year-old boy Gabriel King is currently at a standstill inside the St James Parish Court.
Chuckwuemeka Cameron, the attorney representing Amoi Leon-Issa, mother of young Gabriel, argued that his client is "at a signficant disadvantage" and is seeking to have the order discharged.
Cameron told the court that Section 21 of the Cyber Crimes Act, which was used to grant this production order, also recognises one's right to privacy.
In her response, senior parish judge Sasha Ashley questioned, "Disadvantaged, how? Is your client the mother of a child who was killed? Has the police not asked for her assistance in the investigation into her son's death?"
Cameron maintained that "it is fundamentally unfair" and further stated that the legislation has "certain safeguard that protects her right to privacy".
Senior judge Ashley went to ask whether the counsel representing the Jamaica Constabulary Force has had any form of dialogue with Cameron and his client regarding the safeguards being sought.
"There was in fact dialogue, however, they have raised issues such as what are raised in court," the JCF's counsel reported.
"Through these communication there was some expectation that there would be some form of compliance and then we were served with this application," added the counsel.
Seeking additional clarity regarding the nature of the dialogue, the senior parish judge immediately asked whether the JCF was aware of the safeguards the applicant is seeking.
After a resounding yes from the police's counsel, Cameron told the court that "there is no equality of arms here".
Peeved by the attorney's utterances, senior parish judge Ashley told both attorneys to "sit, agree to these terms…and then we will proceed" before exiting the courtroom. The matter was later adjourned until Friday, November 18.
The production order, which was granted by the parish judge on September 6, stated that "within 48 hours of hours of service of the order, the key and communication cell site and other data surrounding the phone be handed over for the purpose of the criminal investigation into the murder of Gabriel King, SSP Vernon Ellis, the commanding officer for the St James Police told the OBSERVER ONLINE on Saturday.
The child, who was autistic, was found with his throat slashed, his body slumped on the back seat of his mother's car, which had been reported stolen only minutes earlier. When the news broke of the child’s gruesome murder on January 13, Jamaicans across the world were left stunned as questions raised regarding young Gabriel’s mysterious death.