Opposition Leader backs cops to carry guns in court

OPPOSITION Leader Kamla Persad-Bissessar has criticised the judiciary's policy that prevents police officers from carrying guns when attending court.

"Police officers should be allowed to keep their firearms when going to court. Many of their cases involve violent crimes and officers are often subjected to threats from associates of the accused."

On November 6, a confrontation between a police officer and a court employee at the O'Meara Judicial Complex escalated over the Judiciary’s policy prohibiting firearms in courtrooms, which has been in place since 2015. The officer reportedly threatened to arrest the court employee.

Subsequently, the judiciary defended its policy, saying it is in line with international best practices and has been communicated to the police and every police commissioner since its implementation in 2015.

In a media release on November 8, the judiciary said it continues to engage with the police to address concerns, but despite this, some officers continue to disregard the policy.

In a WhatsApp message, Persad-Bissessar on November 9, described the judiciary's policy as the "height of hypocrisy," arguing it is unjust to leave police officers exposed to potential attacks without access to their guns, while judicial officers are fully protected and permitted to carry their weapons.

She highlighted what she sees as a disparity in security protocols between law enforcement and the judiciary. Drawing parallels between the judiciary's stance and the government's policies under former prime minister Patrick Manning.

She accused the government of blocking law-abiding citizens from accessing legal guns, while ministers and their families enjoy heavy security protection, including armed police officers.

"Many government officials have personal firearms despite their public stance on restricting civilian gun ownership."

Persad-Bissessar said she fully supports the police and urged the judiciary to reconsider its position. She also questioned whether police Special Branch officers, who are assigned to protect magistrates and judges, are allowed to carry guns into court buildings.

She asked whether judicial officers, including magistrates, masters and judges, are allowed to bring their guns into courtrooms.

"My information suggests the answer to both questions is yes, but I believe it is crucial that the Chief Justice and the judiciary come clean and provide a clear explanation to the public,” she said.

Commenting on the impasse, criminal defence attorney Israel Khan SC said the issue is less about the law and more about finding a practical solution to ensure both safety and security.

Khan acknowledged the need for the judiciary to have measures in place to protect judges and others within the court but argued its current policies on firearms are not legally grounded.

He said officers who legally carry guns should not be arbitrarily denied entry into courtrooms with their weapons.

Khan, speaking with Newsday on November 9, said, "There ought to be restrictions on the judiciary: they cannot simply decide that police officers or anyone with a licensed firearm cannot enter the court with it. There should be an arrangement in place."

He proposed a solution where police officers surrender their guns when they enter the courtroom and retrieve them when they leave. This, Khan says, would help protect officers who might be targeted by criminals outside the court.

Khan called for an urgent discussion between the judiciary and the police commissioner to establish common ground on the matter.

"They should discuss it like reasonable, mature people and find an amicable solution."

He said regulations are necessary to govern the handling of guns in courts. While acknowledging the judiciary’s current policy may not be based on law, Khan stressed it is crucial for the police and judiciary to collaborate. He recognised the judiciary's responsibility to protect judges and court staff.

"If you have a legal right to carry a firearm, the judiciary cannot stop you."

Following the latest incident, Gideon Dickson, president of the Police Service Social Welfare Association, spoke with Newsday on November 8 and urged officers not to comply with the policy, as he believes it places them in a vulnerable position.

He argued asking officers to leave their guns at the station creates a risk of being targeted by criminals, especially while officers travel to and from court. Dickson also accused the judiciary of attempting to implement a policy that overrides the law, citing Section 8 of the Firearms Act, which allows police officers to carry firearms in court.

Defending his stance, Dickson highlighted previous incidents, including one on July 26, 2023, when guards at the Princes Town Judicial Complex blocked an armed officer from entering the court and another on November 19, 2019, when police officers objected to being frisked at the Sangre Grande Magistrates’ Court.

In contrast, Deputy Commissioner of Police Junior Benjamin urged officers to comply with the policy until a compromise is reached. He stressed the importance of dialogue between the police commissioner and the chief justice to find a solution. Benjamin also defended the judiciary's security procedures.

Former police commissioner and National Transformation Alliance (NTA) leader Gary Griffith, responding to Dickson’s comments, called them dangerous and disrespectful.

In a media release on November 9, Griffith expressed his concerns, describing Dickson’s remarks as a display of "arrogance and ignorance" regarding the law. Griffith said the judiciary has full control over its premises, including the right to regulate the carrying of guns within courtrooms.

He said the judiciary's jurisdiction does not extend to the police or the association and criticised Dickson for attempting to influence junior officers to disregard orders from the commissioner, saying it is indiscipline and disrespectful to the established chain of command.

Griffith says Dickson’s suggestion that police officers have an inherent right to carry guns in courtrooms misrepresents the law.