IDA, Tobago Chamber urge caution in implementing stand-your-ground law

CAUTION is being urged as Prime Minister Kamla Persad-Bissessar plans to establish a special committee to evaluate and make proposals for a suite of measures to enable citizens to defend themselves and their property when faced with a threat by criminals.

At a post-cabinet news conference on May 8, Persad-Bissessar said the special committee will make recommendations for an appropriate “stand-your-ground” law. A special committee, she said, will also be established to consider approaches and legislative sanctions to combat home invasions.

Speaking with Newsday, political leader of the Innovative Democratic Alliance (IDA) Dr Denise Tsoiafatt-Angus said authorities should be careful when looking to implement this. Instead, Tsoiafatt-Angus is advocating for a comprehensive community-centred crime solution.

She acknowledged the public’s growing fear and anxiety in the face of violent crime, specifically home invasions which she said have left many citizens feeling unsafe and powerless in their own homes.

“The IDA understands the deep sense of fear in our nation today. Citizens have every right to expect protection from the law and to defend themselves when faced with real danger. However, while well-meaning, a rushed or poorly crafted stand-your-ground law could create new risks, escalate violence, and compromise justice for all.”

She cautioned on adopting foreign-style policies without careful consideration of TT’s unique social and legal context, noting that it could lead to unintended consequences.

“Our position remains firm but balanced. We support strengthening self-defence laws to give citizens the legal means to protect themselves and their families. But we must reject any reckless approach that opens the door to vigilantism, misuse, or unequal application of justice.”

She called for a holistic response to crime, adding that true prevention must begin long before a crime is committed. She pointed to the need for greater investment in communities, youth development, and family support systems to steer vulnerable young people away from crime and violence.

While she welcomed the government’s focus on addressing home invasions, she recommended stronger penalties for offenders, increased policing in vulnerable areas, and the introduction of victim support services to assist those affected by these traumatic crimes.

Tobago Business Chamber chairman Martin George said each situation must be examined carefully. George, an attorney, said there are many things to consider in these types of laws.

"We really have to look at this very carefully; you balance the competing rights – the right of a homeowner to defend himself and of course the duty to not overdo it and going overboard."

George cited an excerpt from retired Justice of Appeal Roger Hamel-Smith who said if a man is attacked, the law is that he is entitled to defend himself by using such force as is reasonable.

“Of course, you have to ask yourself – how you define this whole idea of reasonable force?

"So we have to balance the role and responsibility when you consider something like the stand-your-ground legislation. You of course have a right as a homeowner or someone who is under attack to defend yourself, but the law in TT as it currently stands requires that you (use) what is referred to as 'reasonable force' in doing so.”

Progressive Democratic Patriot (PDP) political leader Watson Duke said he is in full support of stand-your-ground law.

“It is a very good policy, and it acts as a deterrent against the wanton home invasions we have been seeing here in Tobago. It is going to make these people think twice before entering up on the property of someone or the home of someone.”

He said he has full confidence that the committee will achieve its mandate.

“When they consider the appropriate actions to be taken under such measures, they will create a series of responses to a series of threats, and so the actions will always match the threat and that persons at the end of the day will be happy that they can enjoy their property, which is their homes. Those who wish to steal won't enter person's property illegally, they would be cautious and deterred from doing such.”

Newsday also spoke to people in Scarborough to get their opinions on the matter.

One man, Cyril Waldrop, said, “I really need the details in terms of how this would work. The idea is not a bad idea, but I definitely believe that we have to be careful, so let's await this committee and hear what they bring forth.”

Stephen Forbes said: “That could be dangerous, so I really believe that we need to get some more information. This committee would bring more details.”

When contacted, the PNM Tobago Council leader Ancil Dennis as well as THA Minority Leader Kelvon Morris declined comment, saying the Opposition Leader will address the matter. Efforts to contact THA Chief Secretary and leader of the Tobago People’s party (TPP) Farley Augustine as well as Deputy Chief Secretary and deputy leader of the TPP Dr Faith Brebnor proved futile as calls and messages to their mobiles went unanswered.