PHILIPSBURG--The amendment to the Criminal Code of Procedure to give law enforcement special investigative authority BOB to carry out long-term surveillance and phone-tapping should be exercised "under stringent limits," Bar Association Dean Bert Hofman told Members of Parliament (MPs) during a Central Committee hearing on Tuesday.
The hearing is part of a continuing process to gather information from stakeholders about the draft amendments to the Criminal Code and the Civil Code.
Hofman said that while technological development would play a role, at all times "we have to keep an eye on the breach of these methods on the privacy of the people involved." There needs to be "a balance of privacy and the special powers."
He said the Bar Association was of the view that if the powers were abused a reduction of jail time for the suspect under surveillance was "not the way to go." Instead, violations should be punished by the court not allowing the information acquired to be used as evidence. This consequence should be specifically worded in the draft BOB, Hofman said. In addition, the proper registration of all the powers used should be part of the files of the criminal cases.
Hofman also pointed out that the draft also could be in conflict with Chapter II, Article V of the Constitution, which deals with privacy.
That issue was picked up on by National Alliance (NA) MP Louie Laveist, who asked for an adjournment so he could obtain a copy of the Constitution to look up the article. "I am sure there is a copy of the Constitution in this building. I have a copy, but I will have to go to Cole Bay to get it," he said. The hearing was adjourned for a copy of the Constitution to be found and to address a technical matter with the sound.
When the hearing resumed, President of Parliament Gracita Arrindell said MPs should always have a copy of the Constitution readily available and directed all, including the public, to Parliament's Website
www.sxmparliament.org where a digital version is posted.
Laveist, continuing on his point, said the Constitution was "heavy stuff" and that BOB was a "very invasive ordinance." He added that if punishment for misuse of the special powers could not be legislated, the "ordinance is dead on arrival for me." Also ordinances that "tinker with the Constitution" should be avoided.
Democratic Party (DP) MP Leroy de Weever also believed there should be a minimum sentence for "reckless use" of the special powers of investigation. "There should be some automatic punishment," he said.
Hofman said that if Parliament wanted to give the court additional directives for punishment, this needed to be added to the draft.
MPs Jules James, Johan "Janchi" Leonard, George Pantophlet, and Dr. Lloyd Richardson also had questions for Hofman on the draft and the Bar Association's standpoint.
The hearings on the draft will continue in 2012 before it is sent to the Central Committee for debate and changes.
Tuesday's Central Committee meeting was the parliamentarians' final meeting for 2011. Parliament resumes in the first week of January.
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