Top legal minds in Trinidad and Tobago have joined the debate over vigilante action following last week's incident when a villager ran down a fleeing bandit with his car. The man later died and the person who defended the victims was detained for three days without charge.
Criminologist Prof. Ramesh Deosaran does not think that persons who take action against intruders can continue to be referred to as vigilantes and is urging the Government to amend current legislation to empower citizens to defend themselves.
"Where villagers take serious action against violent and murderous intruders, it should no longer be called vigilante justice, that is too negative a term," Deosaran told the Trinidad Express.
"Lawful citizens are beginning to feel doubly jeopardised and doubly victimised when their homes and families are attacked," he added.
Deosaran said people are beginning to feel they have little or no recourse but to take action themselves because of "slow police response or absence of the police, the length of the time a matter takes to reach to court and the disappearance of witnesses".
He said the law "is sadly and woefully behind the realities of the day and one can say that the authorities have almost been irresponsible for not updating and modernising the laws to redefine what is called equal force and redefine the crime of trespassing and intruding into private homes."
Deosaran also strongly criticised Commissioner of Police Dwayne Gibbs for cautioning residents against using excessive force.
Senior Counsel Dana Seetahal has described last week's incident as justifiable "in the circumstances", noting that it is not in the public interest to charge anyone.
“There is no basis for a Director of Public Prosecutions to charge the villager in question because the public interest does not demand such,” Seetahal said in an interview with the Newsday newspaper on Wednesday
She said she was disappointed that the so-called vigilante, Shamshad Ali, was arrested by police and kept in custody for days. She said criminal law allows a person to defend himself and property “and it includes defending strangers as well.”
She added that if one’s family is being attacked, it is expected that relatives would become more incensed to protect or apprehend the criminals.
Seetahal said the incident showed that a village came together to deal with two men with cutlasses who attacked a family and charging Ali would send a message to criminals that they can go about committing robberies while people must simply look on helplessly.
Criminologist Prof. Ramesh Deosaran does not think that persons who take action against intruders can continue to be referred to as vigilantes and is urging the Government to amend current legislation to empower citizens to defend themselves.
"Where villagers take serious action against violent and murderous intruders, it should no longer be called vigilante justice, that is too negative a term," Deosaran told the Trinidad Express.
"Lawful citizens are beginning to feel doubly jeopardised and doubly victimised when their homes and families are attacked," he added.
Deosaran said people are beginning to feel they have little or no recourse but to take action themselves because of "slow police response or absence of the police, the length of the time a matter takes to reach to court and the disappearance of witnesses".
He said the law "is sadly and woefully behind the realities of the day and one can say that the authorities have almost been irresponsible for not updating and modernising the laws to redefine what is called equal force and redefine the crime of trespassing and intruding into private homes."
Deosaran also strongly criticised Commissioner of Police Dwayne Gibbs for cautioning residents against using excessive force.
Senior Counsel Dana Seetahal has described last week's incident as justifiable "in the circumstances", noting that it is not in the public interest to charge anyone.
“There is no basis for a Director of Public Prosecutions to charge the villager in question because the public interest does not demand such,” Seetahal said in an interview with the Newsday newspaper on Wednesday
She said she was disappointed that the so-called vigilante, Shamshad Ali, was arrested by police and kept in custody for days. She said criminal law allows a person to defend himself and property “and it includes defending strangers as well.”
She added that if one’s family is being attacked, it is expected that relatives would become more incensed to protect or apprehend the criminals.
Seetahal said the incident showed that a village came together to deal with two men with cutlasses who attacked a family and charging Ali would send a message to criminals that they can go about committing robberies while people must simply look on helplessly.
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