Senate passes Kidnapping Bill — 25 years for guilty

THREE Independent Senators broke ranks with their colleagues and voted with the Government to ensure that persons found guilty of kidnapping are sentenced to a minimum of 25 years in jail. As the Kidnapping Bill 2003 moved to committee stage in the Senate yesterday, the Government pushed for Clause Four of the Bill to be amended to read that the penalty for the commission of kidnapping be increased from 15 years imprisonment as currently obtains in common law to a minimum of 25 years imprisonment.

In pushing for this amendment, Attorney General Glenda Morean-Phillip reminded Senators that Parliament had to send a stern warning to kidnappers and would-be kidnappers that their actions would not be tolerating and the seriousness of the crime in Trinidad and Tobago today. The AG said the legislation must act as a deterrent and be as “stiff as possible”. Opposition Senator Arnim Smith said while he had no problem with a stiff jail sentence, he believed that sending a young person to prison for 25 years would only transform that person into a hardened criminal.  The UNC also accused Government of engaging in political rhetoric to get the amendment passed. Independent Senator Professor Ken Ramchand asked whether the mere passage of the Bill would send the message the Government wanted.

When the question of the amendment was put to a vote, the end result was 18-12 in favour of the Government. As expected, the UNC opposed the amendment but only got the support of six of the nine Independents. Those voting with the Government were Professor Ramesh Deosaran, Dr David Quamina and Bashrath Ali. The Senate also approved unopposed an amendment to the Bill that would deem persons under 16 years incapable of consenting to being abducted, seized, detained, held etc.The committee’s deliberations dragged on at snail’s pace with frequent questions from the Opposition to the AG. During the discussions, Deosaran wondered if by giving accomplices an avenue whereby they could turn State’s witness, it could encourage persons with information about kidnappings to come forward and serve as a “powerful deterrent” to individuals considering a career in kidnapping. Later yesterday at 7.30pm, the third reading of the bill took place, with Opposition voting against the legislation. The bill was passed with some amendments such as the one which makes police who are negligent in investigating reported kidnappings liable to two years imprisonment and $100,000 fine.