In the face of rising concerns over violent crime and home invasions, the government stood firmly behind the Home Invasion (Self Defence and Defence of Property) Bill as debate began in the House of Representatives on Wednesday.
The legislation seeks to empower law-abiding citizens, giving them the legal right to protect themselves, their families, and their property from intruders, using deadly force if necessary.
As he piloted the Bill in the House, Attorney General John Jeremie reminded the chamber of the prevalence of the crime, arguing that there needs to be a law to deal directly with the issue.
“Housebreaking is an offence, burglary is an offence, robbery is an offence, but home invasion is not. In the lead-up to the General Election, we promised that we would bring this legislation to Parliament, and today we fulfil that promise. Only just last week, a senior government official was robbed at a home in Belmont in front of an elderly person and child. That experience was reported in the Trinidad Express four or five days ago. The cases are numerous, the stories horrifying, and the traumas to families and communities can last a lifetime.”
In his contribution, Member of Parliament for Port of Spain South, Keith Scotland, said those on the opposite side are not opposed to effective measures against violent intrusion, but he believes the Bill is not the solution.
He expressed concern over innocent lives being lost due to the law.
“A home invader, according to the definition of this Bill, means a person who knowingly enters or remains at a dwelling house in which he’s not an occupant with the intention to carry out a home invasion. Mr. Speaker, when this definition is taken at its face value, it broadly describes anyone. It could be a guest who refuses to leave. A tenant in a landlord-tenant dispute.”
AG Jeremie said there are provisions to prevent abuse of the law.
“The Bill provides that the defences would not be valid if one, the individual against whom the force is used, has a right to be in the dwelling, the force used against the invader is grossly disproportionate, the occupier had been engaged in criminal activity, or an individual is a law enforcement officer lawfully executing duties and the occupier knew or should have known at the time that that was so.”
The Bill seeks to provide that a person has no duty to retreat when acting in self-defence, which Mr. Scotland deemed irresponsible.
Minister of Defence and Minister in the Ministry of Homeland Security Wayne Sturge defended the Bill.
“We are saying, in essence, that if you come into my house at 2am and you are armed, and I am outnumbered, and I get the opportunity, and the common law says that. Once I have the opportunity to strike you, I don’t have to wait. Unlike what some people think. If the bandit’s back is turned and he’s still in my house at 2am, what should I do? Wait for him to turn back around? Figure out if he’s a douen? That’s my opportunity.”
Minister Sturge reassured that the Bill is being proposed to protect law-abiding citizens.