ARE SHOPS & AGRI LANDS IN STAND YOUR GROUND?

CCNTV6

If you own a shop that is a part of your property, would that fall under the Government's proposed Stand Your Ground legislation?   What about those who own agricultural land or live on yachts?   The answers to these and other questions were provided by an attorney who was part of a panel during a UNC public consultation on the bill meant to prevent home invasions.   Juhel Browne reports.

Transcript

00:00This bill gives you your rights, your rights to defend your home, to defend your property, to defend yourselves and to defend your family.

00:11But we must always bear in mind that this too comes with immense responsibility.

00:17Attorney at law Narad Harry Kisun speaking during a UNC public meeting in the Shogonis East constituency

00:24for the government's proposed stand-your-ground legislation, officially called the Home Invasion and Defense of Property Bill 2025.

00:33The MP for Shogonis East is the Minister of the People, Social Development and Family Services, Vandana Mohit.

00:39I cannot understate the fear, the frustration and trauma that so many of my constituents have endured over the years.

00:48Night after night, home invasions continue to plague communities, robbing families not just of their belongings, but of their peace of mind.

01:01And no area in this constituency has suffered more than Kunupia.

01:07In fact, Kunupia currently holds the unfortunate distinction of having the highest number of home invasions recorded in recent times.

01:19Attorney at law Harry Kisun was part of the panel at the consultation, and he said that the structure where one lives is one's castle,

01:27as he said the bill has an expanded definition of the word home.

01:32Regardless of whether you permanently reside in that property or not, it is your residence.

01:39So, you are allowed to protect your home.

01:44Now, interestingly enough, the legislation also applies to movable residences.

01:50We don't really much use them in Trinidad, but motorhomes, and if you fancy a yacht.

01:55But, if those are your residences, you are allowed to defend them and yourselves.

02:03And Mr. Ramkisun spoke about the expanded definition of property under the bill.

02:09Your land around your property, right?

02:13This is what you use in addition to your dwelling home.

02:16This is where you might plant your trees, your crops.

02:19This is where your dogs may be.

02:20This is your curtilage around your home.

02:26Interestingly as well, that does not have to be clearly demarcated by a fence.

02:30It is what is adjacent to your home.

02:34However, the attorney at law sought to make certain things very clear about what is and what is not one's home or property under the bill.

02:43What is not covered and what we may need to consider is agricultural lands.

02:50Now, I know a lot of you will have these two-acre currently lands.

02:54You are not allowed to go and say that is your home and you are defending it.

02:58If they come to Tiefdi Zabuka in the two-acre land, leave them alone.

03:01Mr. Ramkisun also spoke about the difference between a home and a public space.

03:06So, that is important for the shopkeeper who has the door in the back and the staircase to go upstairs.

03:13He can defend his shop as he can defend his home.

03:16However, it is a little different if you have a parlor in front of your house that is not covered as part of your home.

03:23That is now considered as a separate building and that is a public space.

03:30And no, we are not allowed to use force in the public spaces.

03:34Existing legislation for self-defense in public spaces was not the focus of the consultation,

03:40which was about a bill regarding home invasions,

03:43which is set to be on the agenda of the parliament when it resumes after its July-August recess.

03:49Jewel Brown, TV6 News.

Category

Transcript

Be the first to comment

Recommended