Burden of (Fool)Proof

Posted: August 28, 2013 in Uncategorized

The latest suggestion to help alleviate the crime situation in TnT comes from the Government in their trademark “Knee-Jerk” reaction, which as usual is at best ill-advised and at worse a willful absurdity to the rights of the people. The Attorney General is proposing that those held on gang charges be made to prove that they are not in a gang, rather than the prosecution having to prove that they are. In other words, once held on suspicion of being in a “Gang,” you would have to prove that you somehow are not, or face jail time and/or heavy fines. At first (like many other proposals such as “No bail for gun offenses”- http://triniworldviews.com/2013/03/02/crime-bail-out/) the idea seems appealing to the general public as we often only think of the criminals being locked up, shocked by the out of control crime situation into believing that a half-baked thought is our saving grace.

JudgeJudyWhen the AG made the comment that he is not a Criminal Lawyer so he should not be consulted in matters of criminal law (reason for appointing a Minister of Justice who is versed in that), he was correct and proved that every time he makes a bold(face) suggestion to fight crime. The level of legal nonsense that is said makes every past Law Lord turn in their grave simultaneously, and every 3rd World Dictator proud.  No court of law would ever entertain such a ridiculous circus of having someone held and charged, to have the burden of proof shifted from the prosecution onto the defendant in these matters. There is no ground for this, as Lord Sankey said in his famous Judgement in Woolmington vs DPP “Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner’s guilt…” Unlike other form of shifting the burden on proof where it would be applicable, here it is not. This “hold dem now, sort later” attitude that has produced very few actual convictions is part of the reason that police raids end up as political pappy shows. To have those held just run through the courts on the basis of suspicion and with little way to prove that it is “not so,” would almost entirely equate suspicion to guilt. The jails could easily end up filled with people who do not belong there, and are in a total daze, having being stripped of their rights on one side of their face and having collected a political pimp slap on the other.

white-collar-cartoon His suggestion, once mixed with the current anti-gang legislation, can see anyone being held in a group and classified as a “gang.” The idea of suspicion of a group amounting to guilt being thrown on them until they can prove their innocence is total nonsense. I suppose that football fans now should be cautious in wearing similar shirts to support their teams, or better yet the magistrates better be ready to hear cases of actual gang youths defending themselves saying that the colours they wear are to support the Soca Warriors. Worse yet they may in turn then accuse the Magistrate of supporting inferiour sport teams, and we can’t have a magistrate who doesn’t have good judgement now can we? Jokes aside, many who wear suits and ties are guilty of gang-type activity but remained untouched, maybe if the Government had some foresight or intention of seriously tackling crime at all levels, many groups would be hauled off from board room meetings, and their unexplained fat bank accounts brought into question. But alas, Section 34, I will say no more…

Captain_Morgan_100_Proof_Spiced_Rum_1_296039We are in a desperate situation in terms of crime, but the desperate measures that the Government are proposing are seeming to be for political benefit only. Playing that the people are stupid, they continue to preach popular ignorance to a now more educated public. It is no wonder why and how the public is responding with a step above skepticism, and questioning every move that is being made. After almost 3 and a half years in power, and a “Master Crime Plan” that has ups and vanished. We are left with pieces of ideas from minds that have become so shrouded by Corruption, Nepotism, and False Fame, that the Partnership has hit an iceberg long ago, still unaware and have already dragged us into the dark depths of TnT today.

  1. Philip Franco says:

    Paul, I very much enjoyed this article.

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