Attorney General Dale Marshall has defended controversial changes to the Police Act, rejecting opposition claims of overreach and insisting that the public duty to assist officers is long-standing rather than new, while accusing critics of shifting their argument for political mileage.
Speaking on the sidelines of a press conference in his St Joseph constituency on Tuesday, Marshall stressed that the law dates back more than 60 years and was strengthened under a Democratic Labour Party (DLP) administration.
“This has been the law now for many, many years. It was the law since 1961. In 1975, the Democratic Labour Party increased the fine from $120 that it was in 1961, to $500 in 1975,” he recalled.
“All we’ve done has been to amend the clause to refer to the police service, as we changed the name from the police force, and we’ve yet again increased the fines. This is their provision, not ours.”
Under the amendment, anyone who refuses to aid a police officer when required can face a fine of up to $10 000 or one year in prison, or both. Offences such as obstructing or insulting police officers now carry penalties of $20 000 or up to three years in prison.
Marshall accused the DLP of trying to manufacture controversy.
“The DLP has shifted from one argument to the next,” he said. “It is only serving to create unnecessary chatter, unnecessary issues, when really what we need to focus on at this point in time is how best to protect our society.”
He argued that the DLP, which first enacted and later amended the provision, was now attempting to disown it.
“They’ve moved from a position suggesting that the clause in itself was offensive to now challenging the issue of the quantum,” he added.
The attorney general sought to reassure Barbadians that the penalties are not automatic but represent a maximum ceiling.
“When you see a fine of $10 000, it means $10 000 is the ceiling. Very often, as you cover court cases, you know the judge may say, ‘I’m not fining you at all.’ Judges apply their wisdom and collective experience every day to determine penalties. This is no different,” he said.
Marshall also acknowledged concerns raised by members of the public who say they do not want to become directly involved in police matters, noting calls to radio programmes where citizens expressed reluctance.
“We have to respect that right, but at the same time we can’t all abdicate responsibility, because tomorrow it may have something to do with you,” he said.
He explained that assistance does not always mean physical intervention: “All citizens have the duty to support law enforcement. That’s the only way our society can operate. But supporting doesn’t always mean physical involvement, if you see something, say something. That too is a method of supporting law enforcement.”
Marshall tied the debate to wider crime-fighting efforts, pointing to recently passed legislation on the interception of communications and witness protection as alternatives for those fearful of direct involvement.
“There’s only one mission here, and that is to save Barbados from falling into the hands of the criminal element,” he said. “Let’s cut out the silly debate, try to find reasons not to support this and not support that. We have to get on board with defending Barbados and making it the safest possible place.” (SM)
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