ANYONE caught with an illegal gun in Trinidad faces an instant sentence of 20 years hard labour, according to plans spelt out this week by a tough-talking Subhas Panday, Minister in the Ministry of National Security.

He proposed the novel idea that a firearm suspect must prove his innocence (rather than the prosecutors having to prove his guilt), under plans to make gun possession a crime of “strict liability”.

Panday also said anyone convicted of being a gang-member could be jailed for 20 years, unless such a person is also a police officer, in which case the penalty will be 25 years.

He revealed a raft of new laws to curb the twin menace of guns and gangs that are largely seen as the cause of the country’s high murder-rate, at a post-Cabinet news briefing at the Office of the Prime Minister, St Clair.

“The Government is concerned about the serious crime situation in Trinidad and Tobago, and in particular firearm offences and gang-related offences,” said Panday. “The Government intends to take firm and decisive measures to deal with the increase in crime.” He vowed to deal with the situation head-on.

“If a person becomes a member of a gang or professes to be a member of a gang, he will be tried indictably and the penalty will be 20 years hard labour.”

Panday said if a police officer or a member of the protective services is found to be a gang member, he would receive, upon conviction, 25 years hard labour.

“Anybody, whether you are a gang member or not, who commits a gang-related activity — for example if you aid, abet or in any way assist in the commission of a gang-related offence — the fine shall be $500,000 and imprisonment for 20 years.”

These penalties, he said, show how seriously the Government views gang activities.

“Then you have the bullet-proof vest and other equipment — ammunition — for the benefit of a gang. The fine is $400,000 and imprisonment for 15 years hard labour.”

He urged people to resist pressure to harbour gang-members, saying the penalty for harbouring someone wanted by the police would a $150,000 fine and five years imprisonment. Panday sought to deter gangs recruiting children.

“Any person who conceals or harbours a person whom he knows or suspects is a child and a gang-member, shall on summary conviction be imprisoned for 15 years.”

He added anyone who goes within 500 metres of a school to recruit a child into a gang, commits an offence and is liable to a summary conviction of 15 years.

Judges may seize criminals’ assets, he said. “The courts will be given the power to forfeit property of gang members.”

Panday then explained that in addition to stiffer penalties in the Firearms Act, he wanted to make the illegal possession of a gun into a “strict liability” offence, where a suspect is guilty just for having a gun, regardless of whether or not he intended to.

Panday said, “The prosecution usually has to prove something called mens rhea (“guilty mind”), that is, that you have knowledge of it. We are changing the law and we are going to make it an offence of strict liability.”

He said the law would reverse the burden of proof. “We are saying that the moment the police arrest you for possession of a firearm, you are deemed to be in possession until you prove your innocence.”

Panday said, “If you have possession of a firearm, you’ll be liable to 20 years hard labour.” He said the penalties would be increased for possessing, transferring, selling, or importing a firearm.

He later admitted to reporters that there is no precedent for deeming the illegal possession of a gun to be an offence of strict liability, but added, “Dangerous times need serious legislation.”

Panday said the changes to the Firearms Act would need to be done by a special majority of Parliament, as he vowed to consult the Opposition.

Dissatisfied by the non-functioning of the Police Complaints Authority (PCA) Act — and therefore also by the non-appointment of a PCA chairman — who also chairs the Firearms Appeals Board, Panday vowed to separate those two roles into two different post-holders. He said the Board is vital so that deserving citizens would not need to be in possession of illegal firearms. “If you want a firearm now, we are going to set the Appeal Board in place where you can apply for a firearm.”

Panday also proposed to change the Firearms Act so the police are not mandated but have a discretion to seize the firearm of someone convicted of a domestic violence offence which he said now includes economic offences.

He explained the need to tackle the problem of gangs and guns by saying that at present, many persons charged with firearms offences get bail and are freed, only to continue commiting other crimes..

He proposed to amend the Bail Act to deny bail in gang cases. “We are saying that if you are charged in a matter related to gun offences, you shall not be given bail for a period of 120 days. If after 120 days the matter has not started, then you may go to a judge in chambers to apply for bail.”

He said this period would allow time for the return of evidence exhibits from the Forensic Science Centre which, he said, takes about 90 days.

“We have also introduced into the Bail (Amendment) Bill that if you are a suspect in a gang-related offence, the police may arrest you and keep you in custody for a period of up to five days without charging you.”

He hoped that measure would help police dampen criminal activity at certain “spikes” or peak periods of crime in a week.