The Anti-Gang Act in its current forms can have far-reaching consequences which can result in murder cases being thrown out, says former Attorney General Ramesh Maharaj.
He said the legislation was flawed from day one and former Attorney General Anand Ramlogan ignored calls to take a second look at it.
“You are going to make it very complicated to charge them (alleged gang members) with being gang members and being involved in other crimes because then you would be compromising the other crimes,” he said.
“Let’s say they are being charged with being members of a gang and also murder. The murder charge could also be compromised. It is another indication of how the last government acted recklessly in respect to some of the laws that were passed in this country,”
Maharaj’s comments followed calls by Senior Magistrate Indrani Cedeno for the Act to be amended. She did so last Friday as charges were dismissed against 13 people accused of being part of the gang reportedly responsible for the murder of Senior Counsel Dana Seetahal. Seetahal was shot dead on May 4, 2014, while on her way home at One Woodbrook Place.
The DPP’s Office admitted to laying the charges indictably instead of summarily as prescribed by the legislation. Cedeno said an amendment of the charges could not be permitted as she felt the accused would be prejudiced by it. The penalty for the offence is greater on summary conviction than for conviction before a judge and jury.
The magistrate also criticised the DPP’s office for its delay in seeking the amendment, as she said it should have been noticed at the preliminary stage. The DDP’s office cannot now re-lay the gang charges against the men as the six-month window for doing so has expired.
Maharaj, who agreed with Cedeno, said he was one of several people who made public statements about the legislation being defective.
“The legislation should not have been passed in the way it was passed. Instead of using that legislation to punish gang members the legislation would instead be used in a way in which gang members would not be properly convicted,” he said.
Maharaj who said blame was squarely on the shoulders of the then PP Government, said the public’s interest was compromised.
“It was defective. It is completely hopeless as it is not the basis of a proper conviction at all. I am glad that the magistrate has been able to show them that,” he said.
He added that there was already legislation in place to deal with criminal gangs, so the Anti-Gang Act was unnecessary. it was used just before the state of emergence was created and therefore was “used as a political tool”, he said.