BASSETERRE, St. Kitts – THERE have been 31 recorded homicides in the twin-island Federation of St. Kitts and Nevis for this year, and there have also been a vast amount of home invasions, building break-ins, robberies and larcenies that were perpetrated on a weekly basis – sometimes every two days.
Sad to say, despite the continuous efforts by the Royal St. Christopher and Nevis Police Force (RSCNPF) and its local affiliates, the situation has placed the Federation among the top countries in the Caribbean region in the committal of serious crimes, per capita.
With regards to homicide, one is too many as stated by some politicians and influential individuals in the Federation. And as declared by a member of the Police High Command, “Most of the homicides are gang-related.”
Over the past five years, the RSCNPF had established a number of units and implemented various strategies to combat crime. Among them are: the now defunct Robbery Task Force; Delta Squad, which is also defunct; Anti-Gang Unit, also defunct; Anti-Narcotics Unit; and the Violent Crimes Unit.
In an attempt to reach out to the general public, the Force had also implemented a number of initiatives including Town Hall Meetings; Visits to Schools, where officers lecture to students on issues of crime; and, most recently, the posting of Crime Prevention Tips on its Facebook page and in press releases to media houses.
Disappointingly however, an initiative birthed by Constable Lauston Perceval, Operation Future, seems to be dying a slow death as it is being touted that he is not getting the necessary support from the Police High Command.
Since its inception, Operation Future has proven to be a worthwhile initiative for adolescents who would have been engaged in annual Summer Camps, where they were lectured to on crime and violence while instilling in them the need to be upstanding and productive members of society.
Perceval was also engaged in visits to primary schools and had initiated the Homework Assistance Programme, After School Programme and the Life-Skills Programme.
With the installation of the new Police High Command headed by Commissioner Ian Queeley, and in collaboration with the Government, there have been three different crime fighting plans. First there was the Twelve Point Plan, then a Ten Point and now a Six Point Plan. However, prior to the new High Command, though then Acting Commissioner Stafford Liburd had said that between January 1 and November 30, 2015, major crimes were down by 14.3% when compared with the same period in 2014, the nation had seen its escalation in 2016.
And in an effort to combat the escalation, the Government was successful in having a contingent from the Regional Security System in the Federation to assist the Police Force in its Operation Safe Streets initiative.
That contingent departed the Federation on Tuesday, October 18 after a one-month stint. However, while here, the homicide rate was at a standstill and a number of illegal firearms and a quantity of ammunition were unearthed, and a very large amount of marijuana plants were uprooted and destroyed. But criminals were still involved in incidents of house invasion, building break-in, larceny and robbery.
Today, members of the RSS are back in the Federation and it is hoped that with the increase in human resource, the local security forces would be boosted and citizens and residents would feel safe during and even after the Christmas/Carnival Season.
Of all the crimes committed in the Federation, this writer is much concerned with those in which guns were involved. Not to say that this writer has turned a blind eye to incidents such as rape, whereby for many years some victims not only feel violated but are also still suffering from Post-Trauma Stress Disorder and other long-term effects generated by their sexual assault; but the killing of a fellow human for whatever reason simply means taking something from someone that only God can give.
However, not all gun-related incidents have resulted in the loss of life. While many shooting victims had to seek medical attention, a few were left paralysed and a large number of them had escaped unscathed. But there are also others who, during robberies, were either pistol-whipped or had their lives threatened.
From this backdrop, this writer had spoken to a number of individuals who expressed the view that “anyone involved in a gun-related crime should not be granted bail but have a speedy trial, and a very harsh penalty if found guilty”.
While some individuals might not agree with this view, as many of them had voiced that it is not right for taxpayers to contribute for the upkeep of prisoners, others have asked if they would prefer to see the accused back on the streets to continue his nefarious activities.
Some 36 illegal firearms were removed from the Federation’s streets for this year compared with 21 for last year, and for this kudos must be given to our law enforcement officers. But the fact is that there is a proliferation of illegal firearm in St. Kitts and Nevis.
Evidence of this lies in a number of incidents, some of which were not made public. For example, a few years ago, acting on a tip off, police had apprehended a fugitive in the Basseterre area. That fugitive had a firearm in his possession; reportedly, the same firearm for which he was previously charged and granted bail. That firearm was taken from the Exhibit Room at the Basseterre Police Station to the Court, where it was placed in the Evidence Room. You, the readers, work out the math.
St. Kitts and Nevis does not manufacture guns. So, from where do they get them and how do these guns, including Revolvers, Pistols and Assault Rifles (as well as ammunition), enter the country? It is a known fact that some of them came through the Ports and the majority by seafaring vessels that arrived undetected because of the porous borders on both islands.
In 2011, Parliament had established a Select Committee on Crime and Violence which was chaired by then Attorney General Patrice Nisbett. The other members were Minister with Responsibility for Homeland Security Sam Condor, Minister with Responsibility for Community Development Marcella Liburd, Leader of the Opposition Mark Brantley and one other member of the Opposition.
Despite the formation of that Committee and the strategies it had employed, obviously, failure was the result as the Federation was branded as the “Murder Capital of the World’ with a record 35 homicides. However, there was a significant reduction in the following year (18) but it rose by three in 2013 and by six in 2014. And last year, there were 26 homicides.
There has been no reported homicide since the shooting death of Leon Sutton on Thursday (Dec. 15), and no home invasion, building break-in, robbery or larceny was reported by the police in recent days.
Is this a result of the increased strength of the Police Force by the contingent from the RSS and regular foot and vehicle patrols in known hot spots? Or is it that criminals have gone underground and are awaiting the RSS’ departure, as they did in October, before resuming their brazen, organised and despicable activities?
With no such reports coming from the police, it is logical to conclude that the growing fear that had gripped citizens and residents is slowly being dispelled.
Once again, kudos to the law enforcement officers!
Now back to the main topic of discussion as spelt out in the headline.
As earlier mentioned, it is the view of some individuals that anyone involved in a gun-related crime should not be granted. But will this not be a violation of the person’s fundamental rights? Also, if such a law is enacted, unscrupulous individuals can easily plant firearms in the vehicles or on the premises of those whom they despise for some reason or the other.
Therefore, while this writer believes that stringent laws must be enacted as deterents to gun-related crimes, one must take into consideration that though gun crimes are prevalent in the Federation, each case must be determined on its merit.
Many people have been calling on the Government to legislate harsher penalties for gun crimes. Even the Police Force had complained about the leniency of some magistrates when those charged with gun-related matters go before them.
In June, last, two men had their sentences reduced by the Appellate Court. One of them, who was sentenced to serve seven years after pleading guilty to illegal possession of a .40mm semi-automatic pistol and eight matching rounds, had his sentence reduced by two years.
The other man was found in possession of a quantity of ammunition, for which he had no licence, and was sentenced to serve five years and seven months at Her Majesty’s Prison. However, the Appellate Court had it reduced by seven months.
On hearing of these sentence reductions, many citizens and residents voiced their disagreement with the decisions made by the Justices of the Eastern Caribbean Court of Appeal. But what they failed to realise is that there are precedents; legal decisions that serve as auithoritative rules in future similar or analogous cases.
And in the case of bail, the Bail Act of 2012 clearly stipulates the offences for which one is eligible for bail and the conditions under which it should be granted.
According to the Bail Act of St. Christopher and Nevis No. 18 of 2012, Section 3, Eligibility for Bail, states:
(1) Subject to subsection (2), a Court may grant bail to any person charged with any offence.
(2) A person shall not be admitted to bail, except by an Order of the High Court, if that person is charged with an offence specified in the First Schedule.
Section 4, the Circumstances in which bail may be denied, states;
(3) Where the offence or one of the offences of which the defendant is accused in the proceedings is punishable with imprisonment, it shall be within the discretion of the Court to deny bail to the de4fendant in the following circumstances:
(a) where the Court is satisfied that there are substantial grounds for believing that the defendant, if released on bail would
(i) fail to surrender to custody;
(ii) commit an offence while on bail; or
(iii) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person;
(b) where the Court is satisfied that the defendant should be kept in custody for his own protection or, where he is a child or young person, for his own welfare;
(c) where he is in custody in pursuance of the sentence of a Court or any authority acting under the Saint Christopher and Nevis Defence Force Act Cap. 19.14;
(d) where the Court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decision required under this section for want of time since the institution of the proceedings against him;
(e) where, having been released on bail in or in connection with the proceedings for the offence, he is arrested in pursuance of section 12;
(f) where he is charged with an offence alleged to have been committed while he was released on bail; or
(g) where his case is adjourned for inquiries or a report and it appears to the Court that it would be impracticable to complete the inquiries or make the report without keeping him in custody.
As for the General Provisions relating to bail, Section 12 states:
(1) A person granted bail in criminal proceedings shall surrender to custody.
(2) A Court may require any person applying for bail to provide, as a condition for bail before his release, a surety to secure his surrender to custody
(3) A court may further require any person applying for bail to
(a) surrender his passport to the Court;
(b) inform the Court if he intends to leave the State;
(c) report at specified times to a police station; and
(d) comply with any other requirements as appear to the Court to be necessary to ensure that
(i) he surrenders to custody;
(ii) he does not commit an offence while on bail;
(iii) he does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person; and
(iv) he makes himself available for the purpose of enabling inquiries or a report or any medical examination, to be made to assist the Court in dealing with him for the offence.
Additionally, where it appears that an applicant for bail is unlikely to remain in the Federation until the appointed time for him to surrender to custody, he may be required to, before being granted bail, to provide security for his surrender to custody. This security may be provided by the accused himself or on his behalf.
In a democracy, anyone accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore, according to this writer’s understanding through experience as a journalist and research, with the exception of treason and murder, anyone charged with a crime should not be denied bail unless there is a very good reason for doing so, as stated in the Bail Act of 2012.
This writer is however in agreement with all those who have been calling for the legislation of harsh penalties to gun-related crimes. But for a law to be passed in making gun-related crimes non-bailable offences, it would be deemed draconian and the Federation would come in for heavy criticisms from Human Rights Organisations the world over.
Conclusively, this writer would like to make a few suggestions to the powers that be with regard to the proliferation of illegal firearms in St. Kitts and Nevis and to where the police should seek advice to reduce the homicide rate as well as increasing the solvability rate.
Just yesterday (Dec. 29) this writer was in conversation with the Commissioner of the Royal Grenada Police Force and was surprised to learn that that island, with a population of over 101,000 people, had recorded on eight homicides for the year and the police have a 100% solvability rate.
The other country that also has a low homicide rate for this year is Antigua and Barbuda.
Having spoken to a member of the Criminal Investigations Department of the Royal Antigua and Barbuda Police Force yesterday, this writer learned that with a population of over 81,000, there have only been five homicides for the year and then solvability rate is 100%.
Therefore, this writer would like to suggest that the Police High Command, in collaboration with the Team Unity Government, conduct a case study of these countries to see what can be derived from their strategies and initiatives, and are applicable, to the crime situation in St. Kitts and Nevis.
Last but not least, as is done in Trinidad and Tobago, pieces of sophisticated equipment should be installed at all ports of entry in St. Kitts and Nevis to automatically scan for firearms and ammunition.
With that said, what are your views on: “Should gun-related crimes be non-bailable offences?”
