2 months ago
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Sanjiv Boodhu. - TEMPORARY Opposition Senator Sanjiv Boodhu said stand-your-ground legislation will not help to reduce the crime of home invasion or protect people who choose to use this law to protect themselves and their property.
He presented his views during debate on the Home Invasion (Self-Defence and Defence of Property) Bill, 2025 in the Senate on December 2.
Boodhu, who is also a PNM deputy political leader, rejected Government Senator Dr Natalie Chaitan-Maharaj's claim the legislation will give citizens the ability to protect themselves in a home invasion.
He said this is only applicable for people who have legal access to firearms and this is a minority of the population at this time.
"This bill, contrary to the messaging that goes with it, does absolutely nothing to allow law-abiding citizens to obtain firearms anywhere," he said.
Boodhu said Chaitan-Maharaj was also wrong about the bill being justified by the insufficiency of existing laws to deal with the crime of home invasion, although the offence does not currently exist in law.
He added her argument was nullified by earlier comments by Attorney General John Jeremie, SC, on this subject.
Boodhu said Jeremie referred to relevant legislation which has been in effect since 1971.
"I can't understand what then is any insufficiency or ambiguity in a 54-year-old piece of legislation."
He said, "I am not aware in this country, at any time, someone broke into someone's home...the police arrested them and then did not know what to charge them with or for."
Boodhu added, "That tells us, there is no insufficiency of the common law."
He repeated, "I'm not certain what this bill seeks to fix, that needs fixing that needs fixing in the existing law."
Boodhu told senators there are several stages in a home invasion. These include surveillance of the intended victim, return to execute the crime, escape, evade law enforcement and monetise whatever loot they steal from the victim's property.
He acknowledged several despicable acts take place during a home invasion.
"Inclusive of severe violence...robbery...larceny...sexual assault...common assault...serious injuries."
Boodhu said after the perpetrators complete all steps in a successful home invasion, they repeat it on another vicinity
"In repeating a process, one tends to get better."
Against this background, Boodhu said it is logical that any legislation created to deal with home invasions should propose solutions to neutralise the elements which go into committing this crime.
"But this bill does not address any of those elements."
While it is common knowledge multiple communication devices are used to plan and execute a home invasion, Boodhu said the bill offers no help to police on this front.
"It does not help the police in intelligence-gathering. It does not aid the police in intercepting communication in each of those steps (in a home invasion)."
Boodhu said the bill does not create a special police unit to deal with home invasions or help the Director of Public Prosecutions (DPP) with a prosecutor al unit to "aid in the prosecutions of home invasions.'
He added the bill does not help the criminal justice system at all.
"If anything, it adds yet another offence to what is a backlog system." Boodhu said the only positive here was the former PNM government eliminating preliminary inquiries which eased the backlog somewhat.
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