Elizabeth Gonzales
Senior Reporter
elizabeth.gonza[email protected]
The controversy over Government’s mobile police-army posts has widened into a debate over whether the drive to improve public safety is being carried out within existing planning, procurement and municipal laws.
Former St Augustine MP and attorney Prakash Ramadhar says the focus should remain on protecting citizens, while attorney Saira Lakhan and former Public Utilities Minister Robert Le Hunte say the crime-fighting objective does not remove questions about what legal approvals may be required.
The debate follows the confrontation over the proposed mobile post at the Eddie Hart Grounds, where the Tunapuna/Piarco Regional Corporation said it was not consulted before works began.
Ramadhar, who represented St Augustine for ten years, said police visibility was particularly important at Eddie Hart.
“With specific reference to Eddie Hart Grounds, let me tell you now, for those who do not know, on an average evening, there are hundreds of persons taking their walks, exercise, sports,” he said.
Ramadhar said people needed to know where they could find police when they were in trouble and argued that a visible police presence could provide a sense of security.
On the dispute between Central Government and the corporation, he warned against allowing questions over authority to stall measures intended to protect citizens.
“If we go to the position that I, on my side, have this authority, but do not understand the bigger picture that is required to fix Trinidad and Tobago, then we end up in a state of paralysis,” Ramadhar said.
He added, “This is not a legal issue as much as it is one of conscience, one of what is proper, what is of common-sense value and for the incredible benefit of all of our citizens.”
Lakhan, however, said the legal position depended on what was actually being placed or constructed.
“From a legal standpoint, I am not aware of any general requirement that Central Government must obtain the consent of, or formally consult with, a regional corporation simply because it proposes to deploy a mobile police unit within that corporation’s geographical boundaries,” she said.
But Lakhan said that was separate from whether the project triggered planning, land-use or other statutory approvals.
“In many cases, a genuinely mobile unit may not amount to ‘development’ in the traditional sense and therefore may not require planning permission, but that would depend on the facts,” she said.
Lakhan said relevant factors could include whether the unit was permanently stationed, whether fixed infrastructure or utilities were involved, and the duration and intensity of its use.
She also said Government’s crime-fighting objective was relevant when considering the use of public spaces for security purposes.
Le Hunte, meanwhile, said he fully supports more police posts but insisted that support for the initiative should not prevent scrutiny of how it is being implemented.
“I support more policing. I support more police posts. I support every lawful initiative that will make our communities safer,” he said.
But he added, “The issue is not the objective. The issue is the method. In a democracy, even the most worthy objective must be pursued lawfully.”
Le Hunte said Parliament had established procurement, planning and municipal laws and Government should also be accountable to those requirements.
“The question is whether Government believes it is exempt from the very laws that every other citizen is expected to obey.”
He also rejected the suggestion that raising questions about approvals meant opposing the crime-fighting initiative.
“Supporting the rule of law and supporting stronger policing are not mutually exclusive. They should go hand in hand,” Le Hunte said.