00:00In a pre-action letter sent to the President and the Acting Attorney General,
00:04Attorneys Keron Ramkalawan and Kyle Taklalsing, instructed by Attorney Anwar Hossain,
00:10said they were acting on behalf of Vishal Prasad,
00:14who seeks only to challenge the constitutionality of three of the emergency power regulations for the state of emergency.
00:23Mr. Prasad was identified as a blogger and social activist.
00:26First, Mr. Prasad, via his attorneys, is seeking to challenge Regulation 12A,
00:32which mandates that no person shall endeavour, whether orally or otherwise,
00:36to influence public opinion in a manner likely to be prejudicial to public safety and order.
00:42Mr. Prasad is also seeking to challenge Regulation 14.1,
00:46which identifies the power of a police officer to arrest on the grounds of suspicion,
00:51where threat to public order or a breach of the SOE regulations are concerned,
00:56and allow such police officer may take such steps and use such force as may appear to him to be necessary
01:03for effecting the arrest or preventing the escape of such person.
01:07Mr. Prasad is also seeking to challenge Regulation 2 of the schedule,
01:11which outlines the power of the minister to direct the detention of a citizen during the state of emergency.
01:18Attorney Takal Alsing spoke with TV6 News via telephone about one element of the pre-action letter.
01:24This is not a challenge against all of the regulations,
01:27nor is it a challenge against the need for a state of emergency.
01:32My client, and indeed his legal team, have recognised that there may have been an error in the regulations,
01:38in that some of the regulations have already been looked at and examined by the Court of Appeal of Trinidad and Tobago,
01:46and they have been found wanting.
01:48Attorney Takal Alsing said his client is acting as a civic-minded citizen.
01:52I can also say that both my client and his legal team are in support of any measure
01:58that could curb crime in Trinidad and Tobago,
02:01but what we do not want is some criminal benefiting from a loophole in the regulations,
02:07and that is why he has decided to write this letter to the Attorney General,
02:11in order to rectify any flaws that he sees.
02:14The pre-action letter is claiming regulations 12 and 14,
02:18and regulations 2 of the schedule are unconstitutional,
02:21and is calling on the President to amend them by removing or deleting the term public order.
02:26The lawyers want the state to respond to the issues raised on or before the 6th of January, 2025, at 4pm,
02:34following which they have instructions to initiate constitutional proceedings.
02:39In response to a question from TV6 News,
02:41Acting Attorney General Young said of the pre-action letter,
02:44quote,
02:59The Acting Attorney General also told TV6 News that the population can easily compare
03:03the emergency powers regulations to those that were enacted in 2011,
03:07unquote,
03:19Acting Attorney General Young declared that the state will do the necessary
03:23in responding to the pre-action letter.
03:26Jewel Brown, TV6 News.
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