Judge strikes out Dyer-Griffith’s claim that her cellphone was wire-tapped

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Judge strikes out Dyer-Griffith’s claim that her cellphone was wire-tapped

Due to her failure to provide the necessary evidence, a High Court Judge struck out a constitutional lawsuit brought by Nicole Dyer-Griffith, the wife of National Transformation Alliance (NTA) Political Leader Gary Griffith.

Dyer-Griffith had claimed for months that her cell phone was wire-tapped.

However, while delivering a decision on Monday, High Court Judge Karen Reid upheld an application from the Office of the Attorney General to dismiss Dyer-Griffith’s case against it and former acting police commissioner McDonald Jacob.

Dyer-Griffith filed the lawsuit in January, claiming that her constitutional right to respect her private and family life was breached when her cellphone was allegedly wire-tapped using the Interception of Communications Act and when the Financial Intelligence Unit of T&T began an investigation into her finances. 

The AG’s Office filed an application in which it claimed that Dyer-Griffith failed to provide any evidence that her cellphone had been wire-tapped as alleged. 

In her affidavit, Dyer-Griffith claimed that in October, last year, her husband, who served as police commissioner between 2018 and 2021, claimed that he received information that her number was wire-tapped based on an alleged directive from Jacob. 

Justice Reid agreed with the AG’s Office, saying: “The claimant is, therefore, relying on a report made by a third party of what another third party has allegedly seen in a document or was told by yet another third party to prove as a fact that her telephone was tapped.”
“This is wholly inadmissible,” she added. 

“It is absolutely not for the claimant to suggest that she can simply file her constitutional claim on the basis of bare allegations of unverifiable hearsay and state that it is for the defendant to supply the evidence necessary to prove or disprove her case,” Justice Reid said. 

She added that Dyer-Griffith should have gotten her husband to provide an affidavit in which he provided the proof of the wire-tapping he claimed that he had. 

Justice Reid also noted that Dyer-Griffith could not raise allegations with respect to the alleged financial investigation as she has a separate pending lawsuit over it.