Senator Richards Prisons a breeding ground for gang members

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Independent Senator Paul Richards said while government is implementing anti-gang legislation for the outside, prisons remain a breeding ground for gang indoctrination. He said this is as a result of an ineffective justice system and questioned whether the Anti-Gang Bill, 2021, would address this issue.
Speaking during debate on the Bill in the Senate on Tuesday, Richards quoted a report from the TT Prison Service which said that 60 per cent of individuals entering the prison system would be indoctrinated into a gang.
“We’re seeking to pass law to deal with gangs outside and we have a prison system that seems to be a more effective contributor to gang activity than outside. Of the people currently in prison custody waiting to stand trial, there are 606 who have been there for less than five years, 289 who have been there for six to ten years, 161 for 11 to 15 years, 18 for 16 to 20 years, and six for more than 20 years. If not already a gang member on entry, people are easily influenced into joining a gang within the prison.”
Richards said while he hoped the previous anti-gang legislation would have been more effective, he noted that the Commissioner of Police stated that under the Anti-Gang Act, 2018, there had been a 30 per cent reduction in the number of gangs and a 58 per cent reduction in gang members since 2018.
“If the legislators, the DPP and the police, and the criminal justice system are not working in concert and effectively, no matter how well we write law here and in the other place, if the other parts aren’t working effectively and applying the law, and don’t have the proper resources, it won’t be effective.”
He said anti-gang law is extremely difficult to prosecute in any country in the world, because of how quickly gangs changed and evolved.
“As we are debating here, gangs and gang leaders are listening, they know the provisions we’re trying to put in place, what the law is in many instances and how to thwart the law, so they change and evolve very quickly.”
He noted that the recruitment age for gangs is now between 11 and 14-years-old.
Richards also said in a 2019 joint select committee meeting, the Strategic Services Agency, revealed there were 8,154 illegal firearms in TT, 1,054 firearms and 18,000 bullets were seized by police.
Richards asked the Attorney General to tighten up several clauses in the bill, including the definition of gangs (Clause 3), the addition of Prison Service officers to law enforcement (Clause 5), asking someone to prove they didn’t know someone is a gang leader or member (Clause 11), police power of entry into a business place which is also a home (Clause 10), extension of detention period (Clause 14), and informing a detained person of the reason for their detention (Clause 16).
Senate Vice-President Nigel DeFreitas said while Opposition Senator Jayanti Lutchmedial earlier said the government was capitalising on emotions running high to introduce the bill, “emotions are high across the country. It’s about solving a problem.
"What do you expect the AG to do? He is going to bring legislation to assist with solving a problem that people are experiencing. While the Senator is calling for the use of existing law to prosecute people in gangs, it doesn’t cover the structure of the gang and being able to get everyone involved in the gang activity.”
De Freitas said while the Opposition were saying the police needed resources, the police commissioner is one of the biggest advocates for the Anti-Gang Bill. He said the bill would break the connection between communities and gangs by criminalising aiding and abetting gang members, as well as making it more difficult for them to recruit.
Opposition Senator Wade Mark asked what level of consultation had been carried out in the Anti-Gang Bill. He said the Law Association had been consistent in its rejection of the bill. He said very few arrests had been made under the 2018 iteration of the bill and said the data did not support government’s narrative that the legislation was working.
Independent Senator Anthony Vieira said the Government, Opposition and Independent benches should be working together to bring the best legislation for the benefit of the people of TT. He called for a multi-faceted approach to dealing with crime.
He said according to research from the TTPS Crime and Problem Analysis Unit, the University of the West Indies and international organisations, there were 179 gangs in TT, which was serious cause for concern.
“The legislation doesn’t target the kids liming on the block, but the thugs and outlaws who provide a threat to society. I am satisfied that the bill is good law, and I find that the mens rea makes it such that only people who are aware of gang activity can be prosecuted.
"There are petitions being signed across TT as people ask for a safer TT, so while it will not change crime or gang activity fully, the bill is a serious tool to fight criminal activity.”
Minister in the Ministry of the Attorney General Renuka Sagramsingh-Sooklal said the bill was a must to get a handle on criminal activity, especially as it affects children. She said it was the responsibility of the legislators to protect those who could not protect themselves.
She said, with respect to the police asking for an extension to the initial 48-hour detention period without having the defendant attend the hearing, this was something that happened regularly in civil and High Court, it was up to the judge to determine if both parties needed to attend a hearing.
Opposition Senator Damien Lyder said the bill should be passed by a special majority if the AG was convinced it was good law. He called on government to provide the TTPS with the resources it needed to fight crime. He asked whether the bill addressed the recruitment of people into foreign gangs present in TT.
Temporary Independent Senator John Heath said he agreed with Richards that it was untenable for TT to continue with no anti-gang legislation.
Government Senator Randall Mitchell said while the bill was no cure-all and would not eradicate crimes such as rape, sexual assault, financial crime, etc, it makes it possible to suppress gangs and gang-related activity. He wondered why the UNC would want the bill to be a special majority when it had stated openly recently that it would not support any special majority bills brought by the government.
The post Senator Richards: Prisons a breeding ground for gang members appeared first on Trinidad and Tobago Newsday.

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