I am quite sure that you often wonder if T&T and other Caribbean countries have a witness protection programme like the ones often shown on television. Many people feel there aren't any. The truth is we will never know fully as such matters ought to be highly secretive for obvious reasons. We have to separate fact from fiction. Fiction is all of the fancy high-tech things shown on television that are made for entertainment; and fact is what is not seen.
But what can we say about our witness protection programme in T&T? Well, it is actually called the Justice Protection Programme that is available to witnesses, jurors, judicial officers, legal officers, law enforcement personnel, associates of such people, and any other person to whom protection or assistance or both is given.
So, witness protection is just one part of it. And, importantly, witnesses can be for both criminal and civil matters. In 2013, according to the Ministry of Justice, there were 196 people in the Witness Protection Programme of which 83 were witnesses and 113 were familial associates.
The Justice Protection Act was passed in 2000 with a small amendment in 2011. It came into effect on April 4, 2007. In 1999, there was a Caricom agreement establishing the Regional Justice Protection Programme. Our 2000 Act patterns this regional agreement in many ways.
Three agencies are created to deal with this type of protection. They are an Administrative Centre, an Investigative Agency, and a Protective Agency. The Administrative Centre develops, manages and maintains the Justice Protection Programme. The Investigative Agency investigates all applications to the Justice Protection Programme in terms of threats, risks, etc. The Protective Agency, in addition to conducting some investigations themselves, also protects participants and relevant people. The Director of Public Prosecutions has a significant role in witness protection as he/she can make an application for a person to enter the programme once he is satisfied that such protection is needed.
Now, what are some of the offences which may give rise to protection under this Act? There are 21 listed. Some are: murder, manslaughter, possession or use of firearms and ammunition, robbery, any sexual offence, any drug trafficking offence, kidnapping, money laundering, domestic violence, etc.
Before a person is placed in the Justice Protection Programme, an application form must be completed. Once selected to be in the programme a person must also sign a Memorandum of Agreement to which they adhere. If this is breached while in the programme, the person can be removed. There are several other criteria for removing people from the programme. They can also leave on their own. And, just like what is shown on television, there are safe houses, aliases, relocations, creation of new identities created for people etc, in T&T.
A Justice Protection Programme is a very expensive provision. Not only does it include housing but also income, living expenses, protection personnel etc, and for people, families and associates. This can be for many years as we all know how long matters take to be completed in our justice system. But these are costs that must be borne if we want justice to be served. If we do not seek that justice, then criminals will be allowed to ply their trade freely knowing that witnesses can be scared off. So, taxpayers must be prepared to foot this bill for our sake.
Providing protection is quite complex and may involve many other countries. In fact, as at 2013, T&T has collaborative arrangements with over 12 other States.
There is "protection" for the witness protection programme. For instance, there are penalties (fines and imprisonment) for people who unlawfully discloses information about the identity or location of people in the programme, for people who compromise the safety and security of participants or the programme, for former participants in the programme who unlawfully discloses information, for people who offer bribes for those employed in the programme to get information, for staff who unlawfully provide information, etc. However, these penalties in my opinion are too lenient. They should be increased to really serve as a deterrent.
Have you ever heard of the term "top secret?" Well, the Register of Participants is "classified as a security classification not below "top secret" for obvious reasons. And, tremendous responsibility is placed on the Administrative Centre for the Justice Protection Programme to keep it that way.
What is the situation like for other Caribbean countries? Many others have similar legislation, for example, Jamaica, St Lucia, St Kitts and Nevis and Dominica.