Skip to playerSkip to main content
CCNTV6
  • 11 months ago
A pre-action protocol letter has been sent to the President and the Acting Attorney General of Trinidad and Tobago regarding certain regulations of the State of Emergency which took effect in this country earlier this week.

TV6 News has the initial reaction of the Acting Attorney General.

Juhel Browne reports.
Transcript
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.
Be the first to comment
Add your comment