Opposition Leader Mark Golding - file photo
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Mark Golding
The Parliamentary Opposition has described the declaration of States of Public Emergency in seven police divisions as a backward step and argued that in the past, the measure proved to be ineffective.
At a media briefing on Tuesday morning, Opposition Leader Mark Golding maintained the position that states of emergency (SOEs) should not be used as a crime fighting tool.
Mr. Golding accused the government of being "bankrupt on ideas" to tackle the crime problem.
"They have passed no new legislation. There have been no new organisational changes within the security forces. There has been no new strategy. The government has failed to keep Jamaicans safe, their record on crime and crime control is abysmal. We in the opposition People’s National Party support a different approach to the problem of violent crime. We believe it must be a balanced approach," he declared.
The states of emergency declared across seven police divisions on Sunday will expire in 13 days.
If the government wishes for them to go beyond that, a resolution must be brought to both Houses of Parliament requesting an extension.
Asked whether the Opposition will support an extension of the SOEs, Mr. Golding insisted he does not support the measures at this time "in light of the fact that it has proven to be ineffective, that it does not work and that we do not think it's in Jamaica's best interest to allow the government to pursue a strategy that does not work".
"We do not believe that it's in the best interest of the people to allow their rights and liberty to be curtailed in a way that can affect many young people and adversely trample on their rights without compensation and affect their prospects going forward," he added.
Disrespecting judicial process
Mr. Golding argued that the Prime Minister has disrespected the judicial process by declaring more states of emergency while the matter is in court to determine the legality of aspects of the anti-crime measure.
Calling the move "illegal and unconstitutional" based on a Supreme Court ruling in 2020, he contended that the opposition does not "support this violation of the principle of separation of powers".
"The Prime Minister called the rule of law and upholding our Constitution as a matter of academics. That is one of the most dangerous statements ever made by an elected leader of this country," he said in reference to the remark Mr. Holness made during Sunday's press conference where he defended the declarations, asking whether the government should be "crippled by an academic debate about the constitutionality of the measure while people in Jamaica are dying".
The Supreme Court last year ruled that the detention of five men under the states of emergency was unlawful and unconstitutional.
Everton Douglas had been detained for 177 days, Nicholas Heath for 361, Courtney Hall for 395 days, Courtney Thompson was in custody for 365 days and Gavin Noble for 431 days.
Justice Bertram Morrison, who handed down the ruling, said the detention times were remarkable given that none of the men had been charged with any offence.
The government has appealed the decision and is awaiting the court hearing.
But it argues that the court has not ruled on the legality of the use of states of emergency but rather on the issue of detention for prolonged periods.
Another case challenging the constitutionality of the states of emergency is to be heard in court in December.
No legislation
The Opposition Leader used the opportunity at Tuesday's media briefing to chide the government for not passing legislation to effectively deal with the country's growing crime rate.
"Where is the legislation to bring new and enhanced security measures to provide an efficient mechanism for enhanced surveillance of dangerous suspects? Where are the tracking devices for alleged sex offenders and other violent criminals who are granted bail? We've been hearing about these things for years now, but the government has dropped the ball in each instance," he complained.
"Where are the agreed adjustments to strengthen the anti-gang legislation arising out of the parliamentary review that we completed over a year ago? Nothing has happened since on that, even though tackling gangs by effective prosecutions is so vital to the safety of our people," he added.
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