State of emergency declared in TT
POLICE Commissioner Erla Harewood-Christopher has guaranteed positive results from the state of emergency (SoE) proclaimed by the President on December 30.
Speaking at a media conference at the Knowsley building in Port of Spain, Harewood-Christopher outlined what the powers the police would receive under the Emergency Powers Regulations 2024, which govern the SoE, would enable it to do.
“The additional powers available to the police service will empower it to use its intelligence to launch very invasive policing operations targeting known and prolific offenders, especially those involved with illegal drugs, firearms and ammunitions, and the commission of violent crimes, including kidnapping, home invasions and homicides.
“We will continue to use the power legitimately and guarantee we will get the desired results. We will be transparent in our communication and will hold ourselves accountable for ensuring the public is kept informed.”
She said it was inevitable that the public would be inconvenienced at times and assured the law-abiding public that the service would be fair and responsible over the period. She called on the public to be responsible and co-operate with law enforcement.
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Asked what targets the police service was working towards during the SoE, she said, “The safety and security of TT. We want to ensure our citizens feel safe at all times.”
Harewood-Christopher revealed that 46 people were detained nationwide since the SoE came into effect.
Asked for a breakdown of this number, she said the public could be assured that the service is working on intelligence received and would have made arrests based on this.
Chief of Defence Staff Darryl Daniel said under the Defence Act, the defence force would continue to provide aid to the police service.
“With respect to the SoE, as empowered by regulation 20 of the Emergency Powers Regulations 2024, where the police commissioner has requested assistance from the defence force, we will act in accordance with general rules and special instructions I will issue in accordance with what is required.
"We look forward to assisting the police to address this critical challenge to public safety and ensuring we return the nation to a state of safety and security through these operations.”
Daniel was asked whether soldiers had been trained to interact with civilians and/or if they would be paired with police officers.
“Regulation 22 says the defence force personnel operate with the powers of a police officer for the SoE. There are also specific orders that will be made by the Chief of Defence Staff to guide how you conduct those duties to ensure your concerns are addressed and we operate in a manner that will support the efforts to ensure public safety and security.
“We will have to work with the police not having had the training to ensure that if people have to be prosecuted in the long run, that is not hampered by the actions of the defence force.”
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LEGAL FRAMEWORK
Police legal officer acting Sergeant Zaheer Ali gave an overview of the legal framework under which the police would operate. He said the police would have the power to enter premises without search warrants to search for high-powered weapons, explosives, ammunition and any other item that might be of prejudice to public safety and security.
He said the President and the Commissioner of Police have authority to issue further orders as the need arises under the regulations.
Ali said the regulations provide for a detention order to be made under particular circumstances, with a 48-hour window in the first instance where the evidence threshold is met for someone who poses a threat to public safety and security. It provides for an additional period of seven days, which will be assessed by a magistrate or assistant superintendent of police and will be given at his/her discretion.
In some areas where exercises took place on December 31, people were confused as to the powers the police held under the regulations. Ali said there would be continued public awareness programmes to educate people about the regulations so if they are unfairly impacted, they could seek remedy.
Ali said the regulations also allow for search and seizure of evidence.
“We are aware you the public may be concerned about how these powers may be exercised. We have developed a departmental order under the hands of the police commissioner to direct the police in the execution of their duties under the regulations and under other existing laws. There are clear instructions as to how she wants these operations to be executed with regard to search, seizure, arrest, detention, and if possible, where charges have to be laid.”
Ali said the findings of a recent Court of Appeal judgement issued on January 11, 2024 were that in the 2011 SoE called by the People’s Partnership government, the issue of proportionality was met, there was sufficient procedural protection and there was due process.
“We want to assure the public that we will be engaging our legal department and the Director of Public Prosecutions to ensure that charges are met on sufficient evidence where there is a real prospect of a conviction.”
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Asked what would stop police officers from abusing their powers, Harewood-Christopher said officers would be fully briefed on the parameters of the SoE and the modus operandi of the service.
“Our operations will be carefully crafted and well supervised. We will be proportionate in all our actions to maintain high standards and accountability.”
BODY CAMS MUST BE WORN
Deputy commissioner of police Junior Benjamin, speaking to Newsday after the conference, said police officers would be required to wear body cameras during the exercises.
“We are police officers and those are part of the uniform. Those things are expected as much as possible and we’re encouraging that as much as possible.”
He said all aspects of the National Security Ministry were working together, including the Coast Guard and the Prison Service.
Harewood-Christopher was informed of a recent raid on the house of an 85-year-old woman in St Barbs who taught children in the area and was asked whether police verified tips before entering people’s properties.
“The police will always verify information and intelligence received.”
Harewood-Christopher was asked how the public could differentiate between the police breaking into their homes to carry out their duties and criminals dressed in police uniforms who had come to rob them. She was asked if the officers should present identification.
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“Police officers are still required to identify themselves. I want to inform the public that police officers on exercises and operations, you will have officers dressed in police uniform, grey and blue. So even if you have officers in the operational wear, you would always be accompanied by an officer in official grey and blue uniform.”
The Emergency Powers Regulations 2024, Section 11 says, “No person who surrenders any firearm, ammunition or explosive during any period that is prescribed, and otherwise in accordance with an Order to surrender, shall be prosecuted under the Firearms Act or regulation for illegally purchasing, acquiring or possessing such firearm, ammunition or explosive prior to the time of such surrender or at that time.”
Asked to clarify the meaning of this section, which many see as a gun amnesty, Ali said, “That question came up a short while ago and we are seeking clarity from other authorities with reference to that particular section.”
Section 4(1) gives the police commissioner powers to prohibit any person from being out of doors between such hours as may be specified, except under the authority of a written permit granted by such authority or person as may be specified. Asked whether that meant she could impose a curfew, Harewood-Christopher said, “That’s a yes, but it’s not for the general public. I want the public to understand that under the SoE, we are specific in who we are targeting.”
Speaking to Newsday, Assistant Commissioner of Police Richard Smith said Section 12, which speaks about people influencing the public opinion in a manner likely to be prejudicial to public safety or having an article in his possession that could influence people in this way, said it did not apply to people using phones to record police.
He advised people to record from a distance and use the zoom function on their cameras to avoid hindering the police in carrying out their duties. He said if people were using their phones to negatively influence people, these could be seized.
Harewood-Christopher was asked how she felt at the end of the year that had recorded the country’s highest murder toll.
“The police service continues to be committed to ensuring the safety and security of TT. We continually review and revise our strategies and we will continue to do so until we achieve our targets.”
