Despite repeated calls for the controversial Bail (Amendment) Bill 2015 to be repealed, Attorney General Garvin Nicholas says Government will be pressing on and it will be proclaimed within a month. The Law Association has voiced its concern over the bill, which was tabled in the Parliament last Tuesday, calling for it to be repealed on the premise that it not only threatened the constitutional rights of those arrested for possession of illegal guns but also created avenues for corrupt cops to frame people.
People charged under the bill could be denied bail for up to 120 days, the new law states. Speaking on TV6’s Morning Edition programme yesterday, Nicholas was adamant that a strong message had to be sent to gun-toting individuals bent on terrorising law-abiding citizens. “The reality is over the last 15 years we have seen a very significant murder rate, but the reality is there are still too many gun crimes in T&T. In order to protect our citizens we have to understand our own reality and we must legislate for our own reality,” Nicholas said.
Asked if those charged under the legislation were less equal and could be denied their constitutional rights for the greater good of society, he summed it up as a balancing act. “The Constitution allows for this balancing act and all legislation is drafted and considered based on a balancing act.
“From the very beginning of the legal system, where we gave the right to the police to stop and search us or arrest us, it was because society decided that in order to be protected, we needed to give up some of our rights and we need to balance our present circumstance as we legislate,” Nicholas added. Saying the law acted as a mechanism to deter, punish and rehabilitate, Nicholas said there was the dire need to deter young men from using guns in this country.
“It is out of control and we really need to get a handle on it. As I have said dangerous and serious crimes have fallen but there is still that issue of too many illegal guns floating around in T&T,” Nicholas said. He said he did not anticipate any legal challenge to the bill, as he was confident the legislation would stand the scrutiny of any court. “Because we have attempted to address the balances. What we have also done is that this legislation has given us a sunset clause... it actually only runs for 16 months,” Nicholas said.
He said the bill was actually “less punitive” than some of the other legislation already on the books, such as the gang and kidnapping legislation. The AG also dismissed concerns regarding the police “setting up” people. “Yes there are concerns and deficiencies in the criminal justice system. We understand that and we are working on that,” he said.