Former attorney general Ramesh Lawrence Maharaj has deemed the Anti-Gang Act as "flawed." Maharaj, who was one of the panelists at the special seminar hosted by the Law Association of T&T at Hugh Wooding Law School, St Augustine yesterday, said there were various sections of the Act that needed to be amended. "The Act ought to be looked at urgently. The definition is circular and that is the route of the matter because if gang and gang related activities cannot be properly defined in criminal law that is the end of the matter. This is not something that could be done rushed because we are going to encounter problems," Maharaj said.
The former attorney general also called on Government to say whether the Anti-Gang Act is a duplicate of the legislation which was drafted by the former administration that was deemed unconstitutional. He added: "In 2009, in Parliament the then government and the then attorney general (John Jeremie) told me when I was asking them to take action against crime that they had an Anti-Crime Bill drafted and a Bail Amendment Bill drafted and they were advised by two senior counsels-one in England and one in Trinidad-that the law which was drafted was unconstitutional and they were not prepared to go with it." He also called on Jeremie to clear the air on the issue.
Meanwhile, Pamela Elder, SC-one of the attorneys who was retained by the State to assist with the prosecution of matters under the state of emergency-also said certain sections of the Act needed to be amended. Elder said while she did not convey her views to Attorney General Anand Ramlogan, the Criminal Bar Association of T&T made some suggestions. "I have not yet raised my concerns to the attention of the Attorney General in respect to Section: (5) and the issue of 'reasonable grounds' but it would be done. "With respect to the factors that would not constitute grounds for arrest the Criminal Bar Association did point out that factors such as age, ethnicity and such personal factors should not constitute grounds that a person is engaging in gang related offence."
Cops get tongue lashing from DPP
Also coming in for a tongue lashing were police officers who hastily arrested citizens under the state of emergency (SoE). Director of Public Prosecutions Roger Gaspard said while the nation was bedeviled by crime and criminal activities, it is imperative to mount credible and reliable cases for gang related crimes. In doing so, Gaspard said, the enforcement authorities must ensure:
• Proper preparation by law enforcement agencies;
• Co-operation rather than competition among law enforcement agencies;
• Proper and current police documentation of gang affiliation and activity;
• The developing of gang data bases;
• The employment of informants and the development of an Informant Policy;
• A close study of gang dynamics and group criminal behaviour;
• A proper appreciation of accessorial liability as it pertains to gangs;
• The development of a Gang Unit; and
• Effective surveillance strategies and, most importantly, gang experts who are thoroughly conversant with gang dynamics.
Gaspard said the overzealous actions of the police officers led to hundreds of people being freed under the SoE. A total of 236 had their charges dropped under the SoE.
AG: Issue of unconstitutionality is irrelevant
AG Ramlogan, responding to Maharaj yesterday, said: "I am not aware of the legal opinions to which Mr Maharaj has referred. Substantial changes were however, made to the Bill. The Anti-Gang Act which was passed is a far cry from what was originally drafted. "It was the product of a Joint Select Committee comprising representatives from the Government, Opposition and the Independent benches.
"The JSC included the AG (chairman), Senator Fitzgerald Hinds, Marlene Mc Donald, Colm Imbert, Subhas Panday, Herbert Volney, Senator Mc Knight and Senator Elton Prescott, SC. "I presume that any issues arising out of legal opinions obtained by the former administration (to which I have not been privy) would have been raised and discussed by the Opposition members at the JSC. Submissions were also made by the Law Association and Police Service. "In any event, the Bill was passed with a special majority so the issue of unconstitutionality is irrelevant."