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Death penalty for smugglers

IN a previous letter, I had suggested our Government should seek the assistance of a friendly democratic country, preferably within the Commonwealth of nations, that had a similar situation as ourselves, but which had since implemented measures resulting in drastically reducing serious crime.

Subject to the comprehensive recommendations of an expert panel from such a friendly democratic country, I am recommending the following measures to take the profit out of criminal activity.

1. Compulsory national service for all youths under the age of 25 who are school dropouts, or who are not either gainfully employed, an apprentice, or attending an institute of higher learning.

2. Amend the law so that the mere possession of an illegal firearm and/or ammunition attracts a mandatory sentence of 25 years’ imprisonment with hard labour for each such offence (event), without the possibility of parole, but subject to a presidential pardon. Anyone, including a law enforcement official, who plants (or is complicit in the planting of) such weapons on another person or on the premises/belongings (for example, a car, a bag, et cetera) of another person ought to receive a mandatory sentence of 30 years in prison with hard labour, without the possibility of parole, for each such offence.

3. The perpetrators of home invasions ought to receive the same sentence as in 2 above.

4. The perpetrators of extortion rackets ought to receive the same sentence as in 2 above.

5. Gang leaders and members of gangs ought to receive the same sentence as in 2 above, and all properties-including money in the bank (except due to inheritance) and property gifted to others by perpetrators, ought to be confiscated under a strict liability law.

6. Any threat to witnesses ought to attract the same sentence as in 2 above.

7. The importation of illegal drugs above a certain amount ought to attract the death penalty for all those involved or complicit in such activities, including law enforcement officers. The importation of illegal weapons above a certain quantity ought to be punished by invoking the death penalty for all those involved or complicit in such activities, including law-enforcement officers.

8. Given the backlog of criminal cases, especially murders, invite judges (and other suitably qualified persons from other jurisdictions in the Commonwealth) to adjudicate on such matters to expedite the process.

9. The Judiciary should aim to have such cases that could attract capital punishment (the death penalty) completed within one year, unless there is some exceptional circumstance. As indicated in 8 above, external resources, including appropriate training, ought to be made available to the Judiciary, the DPP, the TTPS, and the Ministry of National Security to ensure that this happens.

The accused ought to receive similar assistance from the public defenders’ office where he/she is unable to access the services of a suitably competent local trial lawyer, given the limitation of time for the completion of such matters.

10. Trial by jury should be abolished, and replaced exclusively by judge-only trials, except for those minor matters that are currently handled by magistrates.

11. Abolish appeals to the Privy Counncil. Install the Caribbean Court of Justice (CCJ) as our final court of appeal, except for capital offences, where our local Court of Appeal should be the final venue for such matters.

12. All accused persons on bail ought to be fitted with an electronic monitoring device, and their listening devices (telephones, et cetera) tapped.

13. Amend the laws on the tapping of listening devices of suspects, to allow law enforcement authorities more latitude.

Any law enforcement officer or other person convicted of leaking such information ought to receive a mandatory sentence of 25 years in prison, with hard labour, without the possibility of parole.

14. Establish dedicated white-collar crime units within the TTPS, the office of the DPP, the office of the Attorney General, and the Ministry of National Security, staffed with leading experts from other jurisdictions to complement local staf.

They should also train and advise our local State functionaries (in these and other pertinent institutions) on an ongoing basis on the most appropriate approach to solving such matters, and on appropriate changes to the legislation.

15. To the extent that the law may be deficient in this regard, the law should be amended to ensure that the Financial Intelligence Unit (FIU) has the untrammelled right to investigate all suspicious financial activity that comes to its attention from any source, with suitable penalties in place-including mandatory prison sentences-for the leakage of confidential information by FIU staff members and others.

Currently, there are provisions in place for leakage, but the prison sentences should be upgraded to mandatory sentences with hard labour, without the possibility of parole.

Louis W Williams St Augustine

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