- NEWSDAY.CO.TT - A la Une - 19/Aug 19:55

Ex-AG: National approach needed to stand-your-ground consultations

FORMER attorney general Garvin Nicholas says consultations on stand-your-ground legislation should move from a political to a more national approach. He also said there could be potential difficulties in the interpretation of the legislation. Nicholas made these comments in response to the Home Invasion (Self Defence and Defence of Property) Bill 2025 which is posted on the Ministry of the Attorney General and Legal Affairs website. In a WhatsApp comment, Nicholas said, "It is my opinion that the government is duty bound to bring this legislation as it was a key piece of its manifesto on which the majority of the voters voted to affirm." Stand-your-ground laws and easier access to legally issued firearms were two of the UNC's major campaign promises in the recent election campaign. Nicholas served as AG in 2015 under Kamla Persad-Bissessar's first term as prime minister under the People's Partnership. Nicholas noted some people have expressed serious concerns about the concept of stand-your-ground laws in respect of the experience of these laws in the US. "I do not believe these concerns to be well founded in these circumstances." In a policy paper attached to the bill, the Law Reform Commission said it was instructed by Attorney General John Jeremie to examine stand-your-ground laws in other jurisdictions to determine their applicability to TT. Florida in the US was one of the jurisdictions which the commission examined. In the case of Florida, the commission said, "The accumulation of evidence suggests the expansion of self-defence laws in public places may escalate violence and result in unnecessary loss of life." Nicholas welcomed the fact that consultations were taking place on the legislation. But he said these consultations, "should move from being political and instead adopt a more national approach, where persons of all political stripes feel comfortable to attend and participate as there will be urgent need to edify the entire population of its limits." To date, the UNC as a political party has been hosting stand-your-ground consultations. The constituencies of Barataria/San Juan, Siparia, Oropouche East and Couva South are among constituencies which have hosted these consultations so far. They are represented in Parliament by Legal Affairs Minister, Saddam Hosein, Prime Minister Kamla Persad-Bissessar, Energy Minister Dr Roodal Moonilal and Public Utilities Minister Barry Padarath respectively. At a news conference at the opposition PNM's Balisier House headquarters in Port of Spain, on August 16, Laventille West MP Kareem Marcelle complained about the stand-your-ground consultations being politicised and not being hosted by a government entity such as the Ministry of the Attorney General and Legal Affairs. Nicholas felt there should be clarity on certain definitions in the legislation. Paramount, he continued, is the definition of “dwelling house” which includes “curtilage ­– yard space” and “associated place – which includes the places used in common with each other in multiple housing areas like townhouses and apartment buildings. "My concern is that there might be confusion over the definition for 'public place' which includes indoor or outdoor area, whether privately or publicly owned, to which the public has access by right or by invitation." Nicholas said, "I foresee potential difficulties in the interpretation of the legislation in a case where for example, residents of community property are entertaining friends around the common pool and an altercation breaks out between different guests." He added, " While it may be clear to me that this situation should not be covered by the legislation to grant stand your ground protection, I can see how it could be interpreted otherwise." Nicholas referred to Clause 7(1)(c) of the bill which speaks to the use of defensive force which has to be proportionate to the threat which a person honestly believed to exist. He said, "This contradicts the idea that once someone enters your yard, you can use deadly force as a matter of course." Nicholas observed clause 7(2) of the bill sets out the factors the court will consider in determining whether the defensive force used was reasonable in the circumstances. "Again, this requires extensive public education as it does not support some commentaries that a person running away can be legitimately shot in the back after the threat no longer existed." Nicholas said clause 10(1)(b) makes it clear that the protections afforded in clauses 7 and 8 are not afforded if “the degree of force used by an occupant is grossly disproportionate in the circumstances. While he believed significant thought went into drafting the legislation to ensure loopholes in stand-your-ground laws in the US are not exploited for arbitrary use, Nicholas had some concerns about the legislation. "I am concerned that the public is still not being sufficiently informed in a non-partisan, rational manner that can probably best be done by an infomercial." The post Ex-AG: National approach needed to stand-your-ground consultations appeared first on Trinidad and Tobago Newsday.