Senior Reporter
shane.superville@guardian.co.tt
Tobago House of Assembly (THA) employee Kevon McKenna has filed a constitutional motion against the state, after it requested passwords to access his cellphone as officers from the T&T Police Service continue their investigation into the “Audiogate” matter.
Guardian Media understands that the authorities requested access to McKenna’s cellphone as they continue to probe a voice note where senior members of the THA were allegedly heard discussing a plot to use public funds for a propaganda campaign.
Media houses yesterday reported that McKenna and THA Education Secretary Zorisha Hackett had been charged with breaching a court order.
However, McKenna’s attorney Mario Merritt said while a summons was prepared to charge McKenna, it had not yet been served to him.
But Merritt told Guardian Media that his client filed a constitutional motion against the state, which challenged the legality of using McKenna’s biometric data to access his cellphone device.
He said during yesterday’s hearing, the police indicated that they will not proceed with this criminal action until the constitutional motion can be adjudicated on.
Merritt said the hearing yesterday was only done to organise case management on what documents should be filed.
The matter is expected to resume on October 26.
Merritt indicated that Hackett had also filed a similar motion.
Contacted on the issue yesterday, THA Chief Secretary Farley Augustine dismissed reports that Hackett and McKenna had been arrested as “fake news”.
Guardian Media attempted to contact the police several times to confirm whether or not McKenna and Hackett have been charged but those calls were not answered.
During a 14-minute long TTPS media briefing on Thursday, DCP in charge of Intelligence and Investigations, Curt Simon, said the investigation was being “widened” to consider different aspects of the matter.
This after whistleblower Akil Abdullah revealed earlier this week that he was no longer assisting police with the investigation, as he believed it was becoming too politicised.