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Hansard Record, As a Senate, Our Collective Concerns, Upon the Invitation of My Learned Colleague, Sen 435 Leave of Absence Tuesday, November 29, 2011 SENATE Tuesday, November 29, 2011 The Senate met at 11.00 a.m. PRAYERS [MR. PRESIDENT in the Chair] LEAVE OF ABSENCE Mr. President: Hon. Senators, I have granted leave of absence to Sen. Nicole Dyer-Griffith who is out of the country. SENATOR’S APPOINTMENT Mr. President: Hon. Senators, I have received the following correspondence from His Excellency the President, Prof. George Maxwell Richards T.C., C.M.T., Ph.D.: “THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO By His Excellency Professor GEORGE MAXWELL RICHARDS, T.C., C.M.T., Ph.D., President and Commander-in- Chief of the Republic of Trinidad and Tobago. /s/ G. Richards President. TO: MR. RABINDRA MOONAN WHEREAS Senator Nicole Dyer-Griffith is incapable of performing her duties as a Senator by reason of her absence from Trinidad and Tobago: NOW, THEREFORE, I, GEORGE MAXWELL RICHARDS, President as aforesaid, in exercise of the power vested in me by section 40(2)(a) and section 44 of the Constitution of the Republic of Trinidad and Tobago, do hereby appoint you, RABINDRA MOONAN, to be temporarily a member of the Senate, with effect from 29th November, 2011 and continuing during the absence from Trinidad and Tobago of the said Senator Nicole Dyer- Griffith. 436 Senator’s Appointment Tuesday, November 29, 2011 [MR. PRESIDENT] Given under my Hand and the Seal of the President of the Republic of Trinidad and Tobago at the Office of the President, St. Ann’s, this 28th day of November, 2011.” OATH OF ALLEGIANCE Senator Rabindra Moonan took and subscribed the Oath of Allegiance as required by law. VISITORS Bishop Anstey (High School) East Mr. President: Hon. Senators, I just want to welcome the students from Bishop Anstey (High School) East who are with us this morning. [Desk thumping] I trust that, as usual, you will be a great example to the students who are looking forward to hearing from you. [Laughter] PAPERS LAID 1. Civil Aviation [(No. 1) General Application and Personnel Licensing] (Amdt.) Regulations, 2011. [The Minister of Transport (Sen. The Hon. Devant Maharaj)] 2. Civil Aviation [(No. 2) Operations] (Amdt.) Regulations, 2011. [Sen. The Hon. D. Maharaj](Civil Aviation [(No. 3) Air Operator Certification and Administration] (Amdt.) Regulations, 2011. [Sen. The Hon. D. Maharaj)] 3. Civil Aviation [(No. 5) Airworthiness] (Amdt.) Regulations, 2011. [Sen. The Hon. D. Maharaj] 4. Civil Aviation [(No.6) Approved Maintenance Organization] (Amdt.) Regulations, 2011. [Sen. The Hon. D. Maharaj] 5. Civil Aviation [(No. 8) Aviation Security] (Amdt.) Regulations, 2011. [Sen. The Hon. D. Maharaj] 6. Civil Aviation [(No. 9) Aviation Training Organization] (Amdt.) Regulations, 2011. [Sen. The Hon. D. Maharaj] 7. Civil Aviation [(No. 12) Aerodrome Licensing] (Amdt.) Regulations, 2011. [Sen. The Hon. D. Maharaj] 8. Civil Aviation [(No. 14) Aircraft Accident and Incident Investigation] (Amdt.) Regulations, 2011. [Sen. The Hon. D. Maharaj] 437 Administration of Justice Bill 2011 Tuesday, November 29, 2011 ADMINISTRATION OF JUSTICE (INDICTABLE PROCEEDINGS) BILL, 2011 Order for second reading read. The Minister of Justice (Hon. Herbert Volney): Thank you, Mr. President, I beg to move, That a Bill to repeal and replace the Indictable Offences (Preliminary Enquiry) Act, Chap. 12:01, and to provide for a system of pre-trial proceedings relating to indictable offences and other related matters, be now read a second time. Let me just say first, Mr. President, I am deeply humbled to be in the Senate over which you preside. I think it is the first time that I am on my feet while you actually preside. I am very happy to be here. [Desk thumping] This significant piece of legislation, Mr. President, has been developed at the behest of our Government determined to transform our overburdened criminal justice system. Commanding much concern, and in urgent need of reform, is the procedure known as the preliminary enquiry. A prime source of delay, this pretrial hearing prolongs the life of an indictable or serious criminal matter by an average of five and a half years. The procedure for the conduct of this hearing is set out in the Indictable Offences (Preliminary Enquiry) Act, Chap. 12:01. By way of explanation, prior to an indictable offence being heard in the High Court before a judge and jury, there must be a preliminary enquiry before a magistrate. This enquiry is purposely essential, and was originally intended to serve as a filtration safeguard against abuse. In other words, the prosecution is required to establish a prima facie case against an accused person to justify sending that person to face a trial before a judge and jury. Over the years, these enquiries have outlived their usefulness as the dynamics of volume and systems have changed. With the spiralling increase in serious criminal cases, the number of indictable offences coming before our courts has risen and, I should say, has risen dramatically. Our courts are ill-equipped to hear all these matters immediately and adjournments are inevitable. By the time the enquiry is ready to proceed, witnesses cannot be located to give their testimony. They may have fallen victim, being subjected to bribery or bribery attempts, intimidation, harassment and, in some cases, even death. Physically and psychologically challenged witnesses, such as the elderly, children or victims of sexual offences are forced to relive their traumatic experiences. Months, often 438 Administration of Justice Bill 2011 Tuesday, November 29, 2011 [HON. H. VOLNEY] years, have elapsed by the time the enquiry has been completed, and where the accused is committed to stand trial, he endures another substantial period of delay until his trial actually begins. Several jurisdictions around the world have modified their pretrial system while our jurisdiction has shamefully lagged behind. Those on the other side are well aware of these troubling issues. In fact, the then PNM government spoke of abolishing these enquiries but, unfortunately, there was no palpable action. What they did manage to produce was a poorly drafted Bill that was ultimately discarded. Mr. President, there was no proper policy pillaring this legislative attempt, or this failed attempt at coming up with a draft legislative measure. What is more, its provisions were merely—to use the language of my friends in the other place on the Opposition side—cut and pasted from the St. Lucia legislation into our Indictable Offences (Preliminary Enquiry) Act. The result was an inadequate piece of draft legislation fraught with complications. Our Government, therefore, saw the need for a complete overhaul of the procedure as crucial and salient, and we have stayed the course, and on this day delivered this measure for parliamentary scrutiny and, hopefully, approval. The new procedure proposed for Trinidad and Tobago provides for a case management system that would force cases to move quickly through the courts. There has been overwhelming support for this initiative. The hon. Chief Justice, at the opening of the law term on September 16, 2011 had this to say, and I quote: “In the area of Court Procedures, there are major changes that have been in the planning stages and will be rolled-out in the coming year. The most significant will be the elimination of Preliminary Inquiries. Draft legislation has been prepared after extensive consultation and I am assured…” That is the Chief Justice: “that it will be brought to parliament within a few weeks.” So said, so done! [Desk thumping] I continue: “This is expected to bring a major transformation to the criminal litigation landscape…We confidently expect that, with the employment of the criminal case management rules that have been proposed, the average age of indictable matters in the system will fall drastically, thereby ensuring speedier justice. It will also have a knock-on effect at the level of the 439 Administration of Justice Bill 2011 Tuesday, November 29, 2011 magistrates’ courts…As some of the workload is reduced it is expected that magistrates will be able to devote more time to summary trials, thereby reducing the average time to completion.” 11.15 a.m. Mr. President, this Bill is a highly anticipated one that will be the nexus of the criminal justice process. It will introduce case management principles and sanctions for transgression. It will also, most importantly, afford justice to persons who have had their rights stifled by a weakening system. This Bill, which is divided into four parts and comprises 35 clauses, would be inconsistent with sections 4 and 5 of the Constitution, and is therefore required to be passed by a special majority of three-fifths the Senators here present in the Upper Chamber. It received unanimous support in the Lower House, and I look forward to an even better Bill at the end of the day with the aid of hon. Senators. Our Constitution recognizes that Parliament may abrogate the rights provided under the Constitution, where the legislative measure is reasonably justifiable. I humbly submit that this Bill is both timely and necessary in the public interest to ease the anxiety and suffering of the many affected. I will address those provisions of the Bill which would be inconsistent with the Constitution. Clause 31 of the Bill is in consistent with the right of freedom of the press which is guaranteed in section 4(k) of the Constitution. It restricts the printing or publishing of information regarding certain matters at a sufficiency hearing. Although the Indictable Offences (Preliminary Enquiry) Act, has a provision at section 41, which is similar to clause 31 of the Bill, the penalty for contravention of this clause has been increased from a fine of $2,000 or imprisonment for four months, as it was felt that the current penalty was an insufficient deterrent.
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