Young: SoE regulations tougher than existing laws

ENERGY Minister Stuart Young justified the regulations of the state of emergency (SoE) as necessary to truly empower police officers to fight crime, speaking in the House of Representatives on January 13.

In the debate on a government motion to extend the SoE for three months, Young denied an argument made earlier by Barataria/San Juan MP Saddam Hosein, who alleged many measures in the SoE emergency regulations already existed in current legislation, most notably the Firearms Act (plus the Anti-Gang Act).

Hosein said the Firearms Act already imposed a hefty penalty for possessing an illegal firearm and empowered the police to search premises for these. The MP dubbed the SoE regulations "PR" and "political gimmickry," designed to make it look as if the Government was tackling crime just ahead of the expected 2025 general election.

Young made the point that an SoE actually suspends one's constitutional rights, so off the bat Hosein could not claim there was no difference between old statutory laws and the emergency provision regulations.

"We (Government) had to give serious consideration on how the SoE will affect law-abiding citizens, because the SoE is targeted at criminal elements."

These latter possess high-powered weapons, Young warned.

He pointed out several new measures to empower the police in the regulations that did not exist under current statutes like the Firearms Act.

"If they (police) could use the normal powers, we wouldn't need a state of emergency."

He referred to regulation eight.

"They are allowed to stop and search and the burden of a person having to prove that a firearm is illegal has turned under the emergency regulations. It is not for the State to prove it is illegal."

The legal burden is now on the accused, he said.

"Regulation eight starts by shifting the burden, starts by removing the presumption of innocence."

He read the regulation that said it was an offence to illegally possess any firearm, ammunition or explosive.

"It has reversed the whole burden, which is contrary to sections four and five of the Trinidad and Tobago Constitution – which are entrenched rights – which is what the regulations in an SoE do."

Young flatly denied the regulations were already covered by the Firearms Act.

He cited regulation 8 (2), which says someone found consorting with a gunman will also be deemed to be committing an offence, which he said is not an offence under the Firearms Act.

Young said the regulations demonstrate that: "We are in different times."

Scoffing at justifications offered by the former People's Partnership government to maintain its 2011 SoE, such as the claim of an assassination plot, he said his Government had declared the SoE based on police information of suspected pending reprisals after several recent murders using heavy weaponry.

The procedure for prosecution under the regulations was different from that under the Firearms Act.

Young also said the regulations broadened the power of the police to hold stop-and-search operations, beyond their powers under the Firearms Act. The police also have enhanced powers of seizure of illegal items under the regulations, relative to any existing legislation.

He also noted the regulations allow a police officer of the rank of assistant superintendent to detain a suspect for up to seven days after an initial 48 hours.

Otherwise Young justified the SoE by saying reprisals had been set to take place, according to information received.

Earlier he said unlike the SoE in the 1970s, this SoE did not ban public meetings, gatherings or marches.

"If there was a political intention (behind the SoE), that is the type of (repressive) behaviour you would see. But we did not do it."

He traced the work done by authorities in the wee hours of December 30 such as the President, National Security Council and Minister of National Security doing the paperwork to arrange the proclamation of the SoE.

Hosein earlier referred to an alleged gangster under house arrest and said if the SoE lasted for six months, this could lead to an aggravated situation in many individual cases.

He admonished the Government, "Deal with the root causes of crime." For example, he lamented TT's borders were porous, as he complained that after the former UNC government had bought 12 Damen vessels for the Coast Coast, these were now languishing in need of repair. He said TT does not even manufacture firearms., and that in fiscal 2023/2024, the police had not acquired even one new police vehicle, nor recruited any new police officers.

Hosein also asked why a detained gang leader was now at home under house arrest – which he said amounted to police protection – and asked why the man had not yet been charged with a crime. He accused the Government of trying to suppress crime for a very short time, ahead of the election.

Saying the Police Officers Association said TT has four designated prisons, Hosein said there is now no new place to house any detainees. He also lamented the recent threats of harm levelled against prison officers en masse.

"They can't even protect prison officers."