On Tuesday July 25, 2023 a case against Joseph Rankin of causing cyber humiliation and embarrassment of the Home Affairs Ministry Permanent Secretary was dismissed by Magistrate Marissa Mittelholzer, according to a press release from Dexter Todd and Associates Law Firm.
The release said that Rankin was charged in the Georgetown Magistrate’s Court with an offence under section 19 (2) (a) of the Cybercrime Act 2018 which alleged that on March 19, 2023 he posted a status on his WhatsApp account that caused humiliation and embarrassment to Mae Toussaint Jr. Thomas, the Permanent Secretary of the ministry.
According to the statements disclosed in the matter, someone allegedly saw the WhatsApp status, took a screenshot of it and sent it to the Permanent Secretary. This caused the Permanent Secretary to make a report against Rankin to the Guyana Police Force and he was subsequently arrested and charged under the Cybercrime Act.
The release said that the matter was prosecuted by the Legal Advisor of the Guyana Police Force, Attorney-at-law Mandel Moore, while Rankin was represented by Attorney-at-law Dr. Dexter Todd of Dexter Todd and Associates Law Firm. After a heated trial and exchange of submissions, the release said that the court ruled on Tuesday that there was insufficient evidence against Rankin to even call on him to lead a defence.
The reason for the court’s decision included the prosecution’s failure to provide any evidence of the registered owners of the various telephone numbers involved, their failure to provide any evidence of the maker of the statement or who the statement was directed to, the break in chain of custody of the cellular phone, the lack of description of the phone used, their failure to even produce the phone used and the person who allegedly took the screenshot and shared it did not give any evidence in the court. For these and other reasons the court dismissed the charge against Rankin, the release said.
It noted that a number of persons have criticized this particular piece of legislation which challenges freedom of expression and free speech.
