PNM and UNC join forces against kidnappers

IN AN unprecedented display of bipartisanship in Trinidad and Tobago, the ruling People’s National Movement (PNM) and the main Opposition party, the United National Congress (UNC), joined forces in Parliament on Friday for swift passage of legislation aimed at keeping kidnapping suspects behind bars. The Bail (Amendment) Bill, 2005, was the first test of bipartisan cooperation on legislation aimed at dealing with this country’s out-of-control crime rate. The Bill goes to the Senate on Tuesday and is expected to become law early in the new year. Under an agreement reached just a few days ago, the Opposition UNC supported passage of the legislation to make certain offences under the Kidnapping Act non-bailable. The Bill required a special three-fifths majority which was only possible with the full support of the Opposition.

The Bill had been on the table since June 8, the date it was introduced in the House of Representatives. However, it lapsed two months later upon the prorogation of the Third Session of the Eighth Parliament. Following crime talks at Whitehall last week — the second such meeting between the PNM and the UNC — the two sides agreed to support the legislation for no bail for all kidnap suspects who demand a ransom. Under the proposed law, the police will be able to detain kidnap suspects without bail for 60 days. Within that time the onus will be on the State to bring the accused to trial. Another provision is for persons arrested three times for offences involving violence to be denied bail on the third arrest, also for 60 days. The Bail (Amendment) Bill is the latest legislative effort by the Patrick Manning Administration to deal with kidnappings, a crime which has increased dramatically in this country since mid-2002. It bolsters the Kidnapping Act which introduced tougher penalties for the offences, including imprisonment for up to 25 years and fines of up to $100,000.

That legislation was implemented in July 2003 after lengthy debate in both Houses of Parliament over several months. The other key crime-fighting laws passed by Parliament this year were the Summary Offences (Amendment) Bill and the Criminal Procedure (Amendment) Bill, which speed up the trial process. Passage of the Bail (Amendment) Bill comes in a year when a record number of kidnappings have occurred in this country. At last count there had been 208 abductions, 55 of which were for ransom. Ten of the victims are still missing and at least four are feared dead. The highest number of kidnappings were in March and June - there were eight in each of those months - while seven kidnappings were recorded in April and May, six in August and five in September. For this month so far there have been three kidnappings. Jade Solis, 20, granddaughter of a well known local businessman, was kidnapped from a beach house at Point Galera, Toco, on December 1. Her kidnapper demanded a US$1 million ransom but collected $21,000. Solis was released after four days and was found wandering at Callitra Trace, Cumana Road, Toco.

On December 6, Cunupia businessman Kenny Harry, 34, was abducted while liming with friends near a bar on the Aranguez Main Road in San Juan. A $1 million ransom was demanded for his safe release. Raphael Seebereth, 44, was kidnapped from his Pipiol Circular Road, Santa Cruz home on December 13. His kidnappers have demanded a $250,000 ransom. Kidnapping has been on the rise in the Caribbean and Latin America in recent years. According to reports, the crime has reached epidemic proportions in Trinidad and Tobago to the extent that this country now ranks second behind Colombia for its rate of abductions. In May, Interpol sources reported that Trinidadians have been involved in kidnappings throughout the Caribbean, as well as several in neighbouring Venezuela. According to information from the global law enforcement body, Trinidadians have been involved in all the kidnappings that have occurred in the last two years in St Lucia, St Vincent, Jamaica and other islands in the region.

According to local police sources, kidnapping is largely a “fundraising” exercise carried out by criminal gangs who make huge ransom demands but settle for substantially less. Many kidnappers are members of well organised gangs who are able to access sensitive information on the bank accounts of their intended victims. Many of the kidnap victims have been businessmen and their relatives. However, there have also been cases linked directly to the illicit drug trade. Several suspects have been arrested and charged for kidnapping and have matters pending before the courts. However, in the absence of the necessary legislation it has been difficult to keep suspects behind bars and secure convictions. In May, five persons accused of kidnapping were freed by a Port-of-Spain Magistrate after their victim failed to show up in court to testify against them. Sean Rampersad, David Rampersad, Andrew Maharaj, Joseph Hernandez and Andrew Jones had been charged with kidnapping Carlton Trevor Modeste at Pundit Street, El Socorro, on October 24, 2003.

In other matters still pending in court, suspects have been granted bail in sums ranging from $120,000 to $80,000. Bail is property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail. The practice of granting bail dates back to mediaeval England when sheriffs had the sovereign authority to release or hold suspected criminals. Some sheriffs would exploit the bail for their own gain. The Statute of Westminster of 1275 limited the discretion of sheriffs with respect to bail. Although they still had the authority to fix the amount of bail required, the statute stipulated which crimes were bailable and which were not. In Trinidad and Tobago, a defendant has the right to bail unless there is sufficient reason not to grant it. Conditions may be applied to the grant of bail, such as living at a particular address. The alternative to being granted bail is being remanded into custody.