Special Crime Unit can be formed

CONTRARY to claims that the Special Crime-Fighting Unit (SCFU) cannot be legally formed, there appear to be legal grounds upon which the unit can be formed. The formation of the unit was first announced by Prime Minister Patrick Manning on October 6 when he presented the 2003/2004 Budget in Parliament. Its function will be to focus on intelligence in the areas of kidnapping, murder, drug trafficking and have anti-terrorist capabilities.

Former Attorney General Ramesh Lawrence Maharaj and the Police Service Welfare Association claim the unit cannot be legally formed under the Police Service Act. Section 10 of the Police Service Act indicates that the Police Service “shall consist of such divisions, districts, branches, sections, stations or other administrative or operational units as may be approved by the Minister (of National Security).” Section 11 of this Act gives the Commissioner the power to assign the necessary manpower “for the efficient functioning of such units.” Manning countered that the SCFU can be formed under laws governing the Special Reserve Police Service and the Joint Operational Command Centre. Section 3 of the Special Reserve Police  (SRP) Act states: “In addition to the supplemental bodies of police established under the Supplemental Police Act, a new body of police styled ‘Special Reserve Police’ shall be established under this Act.” Section 4(1) states the SRP can be called out by the Police Commissioner, Deputy Commis-sioner or any First Division Officer “in cases of external aggression or internal disturbance, actual or threatened.”

In terms of composition, Section 7(1) indicates that subject to certain provisions, the SRP in each division “shall consist of numbers and ranks as may from time to time be directed by the Commissioner, with the sanction of the Minister.” Section 7(2) says the authority of any SRP member under this Act “may be exercised in any part of TT.” Qualifications for appointment to the SRP are outlined in Section 8 as every male person over 18 years of age, able-bodied and of good character. On the contentious issue of who commands the SCFU, the SRP Act seems to suggest that direct command does not have to rest with the Police Commissioner. According to Section 6: “Subject to the general order and directions of the Minister, the Commissioner shall have the general command and superintendence of the SRP and he shall be responsible to the Minister for their effective condition and for the proper carrying out of the Act.” Maharaj claimed that the SCFU must be commanded by someone who is a police officer and not Brigadier Peter Joseph, the unit’s designated leader. Under Section 18 of the Act, SRP members perform all the duties of a member of the Police Service and “enjoy all the powers, authorities and immunities” under the Police Service Act. The Opposition UNC have described the SCFU as the first step in the PNM’s creation of a dictatorship in TT.