AG: Vast amount of legal action regarding police

Attorney General Faris Al-Rawi said this country is a very litigious society and he has seen “a vast amount of litigation” at the State concerning police activity.

“And I compliment in particular Mr David West, who is the head of the Police Complaints Authority, for being in the communities on a constant basis alerting people to their rights and options as it relates to any perceived or potential abuse of the law.”

He was responding to a question in the Senate on Tuesday from Opposition Senator Wade Mark on specific conditions that would allow a police officer to enter the home of a citizen without a search warrant.

Al-Rawi said conditions would arise when the officer is effecting an arrest to prevent a murder, to arrest an offender who was followed into the premises, to prevent the commission of a crime or follow an offender running away from an officer. He reported Section 3 of the Criminal Law Act covers arrests without a warrant.

Mark asked what was the protocol in place in the case of the police raids in Gulf View in May. Al-Rawi replied that Police Commissioner Gary Griffith addressed the matter publicly and said the police action was in hot pursuit or where the police is engaged in tracking down an active offence.

He said it was a matter of public record that the police were in pursuit of people alleged to have kidnapped a person and triangulation data, used under the Interception of Communication Act, demonstrated that the location of the cellphones used to demand the ransom originated from that area.

“It was in those circumstances and in the effort of securing the liberty of someone who was kidnapped that the police took that action.” He recalled that he and Griffith made this information public at an event at the Gulf View Community Centre where the issue was addressed with citizens living in that area.

Al-Rawi said the National Security Minister and the Government are aggressively rolling out the philosophy of “eyes everywhere” and the use of CCTV evidence with facial, number plate and location recognition. He explained this ties into the very important Evidence Amendment Bill which was before a Senate Special Select Committee and which is asking for the introduction of CCTV evidence.

Mark asked if it was the intention of the Government to establish some independent power of review as it relates to abuse and use of these draconian powers the police have in the business of hot pursuit. Al-Rawi replied: “There can be no greater independent reviewer than the courts of the Republic of TT.”