PORT OF SPAIN, Trinidad (Trinidad Express) – There will be no bail for up to 120 days if a person over the age of 18 is caught with an illegal gun or accused of using a gun in the commission of a crime.
The Bail (Amendment) Bill 2015 was passed in the Senate yesterday with a majority although three Opposition Senators voted against it.
Independent Senators Elton Prescott SC, Helen Drayton and temporary Senator Dr Aysha Edwards who is acting for Independent Senator Ian Roach voted against the Bill.
The Bill, once proclaimed by the President, will become law as it was already passed in the House of Representatives on March 20, with 36 members, including the Opposition bench, voting in favour of it. The Bill required a special majority for passage and has a sunset clause—it expires August 2016.
At the Senate sitting yesterday, Attorney General Garvin Nicholas moved that the second reading of the Bail (Amendment) Bill, 2015 be taken and he kicked off the debate in the Upper House.
Both Opposition and the Independent benches raised concerns over the Bill but in the end the Opposition members all voted in favour. There were 27 votes in support of the Bill.
The Bill states that a court shall not grant bail to:
(a) a person who is under the age of 18 years and charged with an offence under the Anti-Gang Act, 2011;
(b) on or after the commencement of the Bail (Amendment) Act, 2015, is charged with an offence (i) under section 6 of the Firearms Act, where the person has a pending charge for an offence specified in Part II of the First Schedule; or (ii) specified in Part II of the First Schedule, except an offence under section 6 of the Firearms Act, where the prosecution informs the court that the person or any other person involved in the commission of the offence used or had in his possession a firearm or imitation firearm during the commission of the offence.
The person can apply for bail after 120 days if the prosecution has not started a case.
In winding up the debate yesterday, Nicholas said the Bill was geared to solve the problem of gun crimes in this country.
He said at the end of the day the legislation is to solve one real issue—Trinidad and Tobago is overrun with guns, and although the Government’s policies have kept criminals at bay there was need to go further to ensure people with firearms do not continue to terrorise the innocent people of this country.
Nicholas accused the PNM of being pretensive in its care and concern for the people in its constituencies.
“The constituencies which the PNM considered to be safe seats, if you walk those areas, if you talk to those people they are the ones, Mr Vice President, who are seriously affected by gun crimes,” said Nicholas.
He said he walked these areas and the people themselves thanked him for bringing the Bail (Amendment) Bill to deal with guns.
Opposition Senator Camille Robinson Regis asked Nicholas, “When you walk there?”
He responded that he walked in the Diego Martin areas over the past couple weeks.
“That’s why you got beaten in the last election,” said Opposition Senator Fitzgerald Hinds.
“It is not about if I got beat in the election or not, the issue, Mr Vice President, is that I am here as the Attorney General today…to ensure that whatever I can do to protect the lives of citizens of Trinidad and Tobago I shall do,” said Nicholas.
He said he was startled that Opposition members could speak of confidence in judicial officers and apparent lack of confidence when it comes to the Police Service.
Nicholas said he has equal confidence in both the judiciary and law enforcement.
Who killed Dana?
“Who killed Dana Seetahal?” asked an Opposition member.
“We will find out who,” said Nicholas as he went on to say there are “gaps” in the forensic system but Government was already looking at a system to engage private forensic services to fast track matters.
Nicholas pointed out that Opposition Senator Avinash Singh made a case for the Bail Bill as he himself noted that over 75 per cent of murders committed in this country were by the use of firearms.
Temporary Government Senator Wayne Sturge said the Bill was not draconian, adding that there were safeguards in place to deal with persons who may claim they are “set up” by police.
He said there have been cases before where persons made legal challenges against the State for gun charges and were vindicated in the courts.
