Attorney Larry Lalla: SoE can work without curfew

Attorney Larry Lalla, SC, believes the state of emergency can be effective without the imposition of a nationwide curfew.

He made this comment in response to a signed proclamation by President Christine Kangaloo to declare an SoE and comments about it by acting Attorney General Stuart Young and National Security Minister Fitzgerald Hinds at a subsequent news conference at the National Security Ministry on Abercromby Street, Port of Spain.

A statement issued by the Office of the Prime Minister said Kangaloo declared the SoE, acting on the advice of the Prime Minister in accordance with section 8(2)(c) of the Constitution.

In a Facebook post, Lalla said some people who have commented on the SoE believe it will be a waste of time if no curfew is imposed.

"We should note that important powers of search and arrest without warrant have now been given to the police. If used wisely and effectively they can yield good results and benefits for our general security.

"So the SoE, even without a curfew is potentially a good national security tool."

Lalla said the reason government decided initially not to impose a curfew is because of the Constitution’s requirement that an SoE should be proportionate to the national security issue to be addressed.

"A nation-wide curfew may inconvenience more persons over a wider area than is necessary to deal with the issue at hand."

Lalla said the focus of the SoE appears to be on one particular area.

"Such a curfew will obviously have severe consequences for the economy at a time when we cannot afford same."

Lalla said government also seems to be doubtful that it has the power to impose a SoE on a particular area, as opposed to the entire country.

He added government may also be doubtful that a curfew limited to one particular area can be effective, since the targets of the emergency could simply migrate to another area.

Young  mentioned this point during the briefing.

He said further details about the SoE would be provided in regulations to be released later in the day.