The Law Association of Trinidad and Tobago (LATT) Wednesday called for mandatory body worn cameras and stricter oversight as legislators continue debating the Zones of Special Operations (ZOSOs).
The Senate is debating the ZOSO legislation on Wednesday that was passed during the early hours of Saturday morning in the House of Assembly.
Unlike the Lower House, where the government enjoys the necessary two-thirds majority to have ensured its passage, the Kamla Persad-Bissessar administration will need support at least from four independent legislators for the measure to become law.
Prime Minister Persad-Bissessar has been critical of the independent legislators, referring to them as ”bootlickers and brown-nosers’
‘These shameless President’s senators had no courage to contest any election to sit in that Parliament, they are not there because of the will of the people. The entire country knows that these people were appointed because they are bootlickers and brown-nosers,’ she told the Trinidad Express newspaper, when asked if she regretted her earlier comments of the nine legislators appointed by President Christine Kangaloo, who she described as a ‘low-level PNM (opposition People’s National Movement) functionary.
‘It is obscene that these nine people, whose only special ability is bootlicking and self-promotion on the local cocktail and conference circuit, and who no one voted for, can decide on legislation brought to Parliament by a Government who was voted for by the electorate.
‘And the most egregious ones have absolutely no shame standing in front of Parliament to defend their eating ah food. Yet they won’t stand in front of the electorate and ask for a vote to be in Parliament,’ Persad-Bissessar told the newspaper.
Persad-Bissessar said her Government has comprehensive plans to address crime should the ZOSO bill fail to secure the required three-fifths majority for passage in the Senate .
In a statement, the LATT said its views were not sought before the ZOSO legislation, raising concerns about provisions in the Bill that allow body worn cameras to be used ‘as far as is possible having regard to available resources’.
The law association said the wording weakens accountability, adding ‘the experience of our members has been that this has been used as a ready excuse not to use cameras.
‘Given that the creation of Zones results in the suspension of some constitutional rights, we recommend that it be made compulsory that body cameras be used or some other recording device.’
The LATT is also recommending that police officers identify themselves or provide their regimental numbers when confronting people suspected of criminal activity.
It has also sought further sought clarification on detention provisions under Section 18(3) of the Bill, which allows a magistrate to order a detainee to appear before the High Court.
The LATT questioned how long a suspect could remain in custody after being brought before the court, how long a person could be detained without charges being laid, and whether a suspect should be released if there are delays in laying charges.
Questions were also raised about what would constitute ‘reasonable suspicion’ for officers to target individuals believed to be involved in criminal activities within a ZOSO and as part of its oversight proposals, LATT has recommended the inclusion of a new clause requiring a Standard Search Record.
It said this record should capture the grounds for suspicion and confirm whether a body worn camera was activated and that in cases where a body camera was not used, officers should be required to provide a written explanation.