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  • 22 hours ago
The Opposition party has warned the Government to be ready for a battle in Court over the Special Operations Act, as the Government has expressed its confidence it can withstand legal scrutiny.

Juhel Browne reports.
Transcript
00:00And therefore, with this law having been proclaimed special operations, and with the secrecy, is it going to apply to
00:10all of Trinidad and Tobago? Is it only UNC areas? When and why is it going to happen? I want
00:16to give notice right now that this law will be challenged in the courts.
00:22Opposition Senator Faris Alwari, during a press conference after a PNM General Council meeting, as he outlined the PNM's strategy
00:30for the Special Operations Act two days after it took effect on October 6th, the Act divides Trinidad into six
00:37policing districts, with Tobago being the seventh, provides foreclosed areas to be declared in any district by the President based
00:45on specific security concerns, and requires permits to move in and out of them.
00:49The Act also provides the option of a curfew and assistance from the military if requested by the Police Commissioner.
00:58Attorney General and Senior Counsel John Jeremy spoke about the issue of constitutional rights when he piloted the Special Operations
01:05Act in the Senate, in an apparent expression of the government's confidence that it can withstand legal scrutiny.
01:12We've taken advice with which I am in agreement, and I consider that the infringement, or potential infringement, is reasonable
01:26and proportionate in light of the guidelines set by the Privy Council in a host of cases.
01:37Beginning with, well, Surat, including Suraj, Achille Charles, and others.
01:47Senator and Senior Counselor Rawi highlighted the sections of the Act that state a head of Special Operations and a
01:55head of military assistance shall not be designated if the Prime Minister, after consultation with the Homeland Security Minister, the
02:02Minister with Responsibility for Defence, and the Chief of Defence Staff, signifies an objection to the Commissioner or the Chief
02:09of Defence Staff, respectively.
02:11That is fundamentally unconstitutional, and I'm giving notice now, the minute the first attempt at treating with citizens comes about,
02:23under the hands of a commander appointed by the Prime Minister, and under the hands of a member of the
02:30Defence Force appointed by the Prime Minister, expect the legal action.
02:34The Opposition Senator then referred to his tenure as Attorney General during the 2015-2025 PNM administration.
02:42Let me remind you, I brought the first version of Zones of Special Operations as Attorney General and put it
02:50in for public comment.
02:51The reason that we will take this is not vex behaviour.
02:58It is because the courts need to guide the country and the population and the Parliament on whether it is
03:06appropriate to have a political person have a hand in policing and have a hand in the Defence Force.
03:13And that is the overriding safeguard that we must champion under the rule of law principles.
03:20The government insists the Special Operations Act includes judicial oversight.
03:26Jewel Brown, TV6 News.