BASSETERRE, St. Kitts – AS part of a witness protection initiative, government will be giving serious consideration to the abolition of the preliminary inquiry (PI) phase of the criminal investigations and prosecution process.
The announcement was made yesterday (Mar. 10) by Prime Minister of the Federation of St. Christopher and Nevis Dr. the Hon. Denzil L. Douglas during his weekly radio programme “Ask the PM”.
Dr. Douglas said because of recommendations given at the National Consultation on Crime and also by the Implementation Task Force of Crime, the government is aware that witnesses could be exposed to trepidation by accused persons during the preliminary inquiry process.
He further explained that the total abrogation of the criminal investigation phase would serve to expedite the administration of justice as well as reduce the likelihood of witnesses being intimidated.
“...Charging and prosecuting criminals is one thing. The protection of witnesses is another, and so this government has been looking long and hard at the way the criminal justice [system] currently operates in an attempt to find ways to increase the safety of witnesses...and what we have found is that the preliminary investigation process has the potential to expose witnesses to intimidation.
“What has been recommended, therefore, and what my government is seriously considering, is the elimination of the preliminary inquiry (PI) phase of the process completely so as to, firstly, speed up the administration of justice and, secondly, deny defendants the opportunity to intimidate our witnesses who have come forward.”
The Prime Minister said his government is giving consideration to putting a number of measures in place to discourage criminal activity and to increase punishment for persons bent on breaking the law.
One such measure, he outlined, is the enactment of legislation “that would permit more thorough monitoring of persons and vehicles travelling between St. Kitts and Nevis. We have to pay greater attention to the ferries and the Sea Bridge.”
He continued, “...though we understand that we have to ensure that there is no infringement of people’s basic right within the laws of our country, we must make a concerted effort and we must send a very strong signal that we will not in any way encourage the movement of weapon between our two islands using the local ferries or the local systems that are in place. And those that are bent on using these mechanisms to facilitate the transfer of illegal firearms will be encountering serious resistance on our part.”
The government, as PM Douglas informed, would also revisit the guidelines that govern the sentencing of persons found to be involved in illegal gun-related activities.
“Not only that, but my government will be revisiting the sentencing guidelines for the smuggling, for the possession for the sale or use of illegal firearms in the commission of a crime, and the penalties imposed would be as harsh as the people of this country and the criminal justice system will permit.”
Because most of the weapon that enter the country are “smuggled in”, Dr. Douglas said Port Security personnel on both islands were given authorisation “to move with dispatch to coordinate strategies, intelligence and approaches to tackle this particular problem, to work together as one. And I must also say that, whereas in the past, the jurisdictional authorities of our Port Police use to be limited to the narrow confines of the Port, those days are not over.”
Also, on Monday, as the PM indicated, “Port Police” across the Federation were conferred “constabulary powers...(and) given their instruments by the Governor-General...to enable them to pursue and arrest beyond the physical confines of the Port itself.”
“...they can now move with authority and move with the power of the state behind them in their own determination to identify, to pursue and apprehend anyone who attempts to bring illegal firearms, instruments of death and destruction into our neighbourhoods, into our communities of St. Kitts and Nevis.”
