Anand Ramlogan said Tuesday the Government will not take the Capital Offences Bill 2011 back to Parliament.
The opposition killed the bill on Monday when it voted against it. And Opposition Leader Keith Rowley suggested that the government should revisit the legislation and send it back to Parliament in six months.
However the Attorney General has no plans for that. Ramlogan told media, “There’s not much point in bringing back the bill in six months or six years time, unless the Opposition changes its position on the one issue that eventually separated the parties when it came down to the wire.”
Ramlogan said the legal advice to him and his PNM predecessor John Jeremie was that “if you wanted to facilitate the implementation of the death penalty, you should do so by amending the Constitution.”
He added, “When you change the law inside and within the Constitution, no one can argue that it is in conflict with the Constitution because it becomes part and parcel of the Constitution.”
The AG said if the amendment was done by way of a separate law outside the Constitution, “then you leave yourself open to the argument that it is in conflict with the Constitution.”
Ramlogan said it will be very difficult “if not impossible” to implement the death penalty under the current circumstances, because of the time that it takes for international bodies to adjudicate on the petitions of convicted murderers.
He said the death penalty could only be implemented if these bodies speed up the process or if a convicted prisoner chooses not to petition them. Another alternative is to break ties with the organisafions.
However, Ramlogan said Trinidad and Tobago will not withdraw from these bodies for the sole purpose of hanging killers because there are too many socio-economic, international implications.
The opposition killed the bill on Monday when it voted against it. And Opposition Leader Keith Rowley suggested that the government should revisit the legislation and send it back to Parliament in six months.
However the Attorney General has no plans for that. Ramlogan told media, “There’s not much point in bringing back the bill in six months or six years time, unless the Opposition changes its position on the one issue that eventually separated the parties when it came down to the wire.”
Ramlogan said the legal advice to him and his PNM predecessor John Jeremie was that “if you wanted to facilitate the implementation of the death penalty, you should do so by amending the Constitution.”
He added, “When you change the law inside and within the Constitution, no one can argue that it is in conflict with the Constitution because it becomes part and parcel of the Constitution.”
The AG said if the amendment was done by way of a separate law outside the Constitution, “then you leave yourself open to the argument that it is in conflict with the Constitution.”
Ramlogan said it will be very difficult “if not impossible” to implement the death penalty under the current circumstances, because of the time that it takes for international bodies to adjudicate on the petitions of convicted murderers.
He said the death penalty could only be implemented if these bodies speed up the process or if a convicted prisoner chooses not to petition them. Another alternative is to break ties with the organisafions.
However, Ramlogan said Trinidad and Tobago will not withdraw from these bodies for the sole purpose of hanging killers because there are too many socio-economic, international implications.
He said such a move would affect the country’s international image with respect to international lending agencies, foreign investors and the kind.
“All we need is political cooperation, in the interest of the country, to achieve the same objective,” he said.
Ramlogan said the government will now focus on increasing the "deterrence aspect of the criminal justice system".
“All we need is political cooperation, in the interest of the country, to achieve the same objective,” he said.
Ramlogan said the government will now focus on increasing the "deterrence aspect of the criminal justice system".
He said he hopes that public pressure will force the Opposition to reconsider its position and “come to some sensible position to cooperate in this regard. Failing which, they will pay the ultimate political price.”
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