A HIGH Court judge has ordered compensation for a police officer whose police booking photo, or mugshot, was disseminated by the police to media houses and the public after he was charged with misbehaviour in public office.
Rishi Mohan will receive $70,000 in damages as ordered by Justice Nadia Kangaloo on Wednesday.
He sued the State asking for declarations that the publication and dissemination of his mugshot by the police service constituted a breach of his rights to respect for his private life and equality of treatment from a public authority.
The judge delivered an oral ruling, granting his declarations.
In his claim, Mohan, of Wallerfield, said on August 1, 2022, his mugshot was taken by a police officer after he was charged with the criminal offence.
The photograph was later published and disseminated by the police service's communication unit and appeared on the police's Facebook page, online websites and in the daily newspapers.
Mohan argued the police service had no lawful justification for publishing and disseminating his mugshot.
The claim also accused the police service of 'cherry picking' certain mugshots for distribution since there were several times when charges were laid in cases of high public interest but mugshots were not published or disseminated by the police.
Mohan and another officer were jointly charged with seven corruption charges arising out of a report from a man who alleged he was asked to pay $700,000 to forgo prosecution in a criminal matter.
In defence of the claim, ASP Joanne Archie, manager of the police service's corporate communications unit, went on affidavit to explain its media policy.
She said the unit was established by departmental order No 120 of 2017 and is responsible for managing the image of the service and ensuring it is protected while advancing a strategic and consistent narrative on policing policies and operations and the successes of the police.
It is also responsible for internal communications on matters that affect all its employees.
'The TTPS CCU works to ensure that accurate, timely and relevant information is disseminated to the TTPS' external and internal stakeholders with such information conforming to the guidelines set out in its media policy and procedures.'
She said the policy manual that governed and guided the unit was updated in 2021 and was approved by former acting commissioner McDonald Jacob in January 2022. It is reviewed every two years with the next review carded for January 2024.
'The purpose of the media policy is to provide employees of the TTPS (whether officers or civilian staff) with practical advice and guidance in treating media and media-related activities and social-media usage.'
She also spoke of the service's social media presence and its website which stores media releases from 2016 to the present.
'The TTPS CCU issues media releases in order to provide the media with an accurate, consistent and timely release of information…' She also said media releases are issued to cover a number of situ