Stronger punishments are imminent for individuals who commit violent crimes, harbor them, or choose to keep quiet about their wrongdoings, according to Prime Minister Andrew Holness.
Following the recent murders of nine-year-old Nahcoliva Smith and seven-year-old Justin Perry in Salt Spring, Holness made the commitment to “tackle” crime on Thursday while visiting the Chetwood Primary School in Montego Bay, St. James.
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A shooter opened fire at the taxis the boys and Tevin Hayle, 26, were riding in along the Flower Hill main route, killing them both.
Holness stated, “There is an ecosystem of crime which has to be tackled. Unfortunately, in some ways, we are all part of the ecosystem of crime, and the truth is that someone must have known what was about to unfold. And, as I stand here and speak to you, someone knows where the criminal terrorist is.”
The PM stated, “You are equally guilty for having this knowledge and not sharing it with the authorities. In our system, the people who commit the crime must be held accountable, but giving succor and protection and being an accessory to the crime keeps the ecosystem of protection around the criminal.”
He added, “We are going to be targeting the criminal, definitely, but there is a common-law principle in our jurisprudence called misprision of a felony, someone who knows a crime was committed.”
In response to questions on whether the death sentence may be applied to punish offenders, Holness said he would not be against its application if there were sufficient legal justifications.
Holness stated, “I was totally against the death penalty because the challenge with the death penalty is that, when the State uses violence and takes a life, it must be sure of what it is doing. The State must have a monopoly on the use of violence. In other words, the State must be the only authority that takes a life, but, if it takes life, there must be processes that give you more than 90 percent certainty, and, if life is taken by the State, it must be thoroughly reviewed.”
“If we were able to use the death penalty, I would not object, [but] I have not seen where we can legally use it. I think the best thing is to [implement] stiffer penalties and to increase our capacity and capabilities to detect, intercept, interdict, and bring it to the court. I think, if we get all these correct, then you would have increased the deterrent effect,” Holness stated.
A state of public emergency was declared in St. James on Wednesday morning in response to the triple murder that occurred on Monday.
“In my opinion, Madam Speaker, it is the equivalent of a terrorist act and these criminals ought to be described and treated in that form,” Holness said in Parliament, noting that gangsters were aiming to create “a national fear” by their use of high-powered weapons in public places indiscriminately.
At a recent parliamentary meeting, he urged the Parliament to approve the changes to the various pieces of legislation that will increase the penalties for such crimes before the end of the year, insisting that the Government cannot remain indecisive on crime.
In order to strengthen penalties for both capital and non-capital murder and to establish a mandatory minimum time before parole can be granted, the Parliament is currently debating three amendments: the Criminal Justice Administration (Amendment) Act, the Childcare Protection (Amendment) Act, and the Offenses Against the Person (Amendment) Act.
Recently approved laws include the Firearms Act, which mandates a mandatory 15-year penalty for unlawful firearm ownership, and the Bail Act, which permits the issuance of bail in the pre-charge, post-charge, and post-conviction stages in certain situations.
“We are living in a terrible crisis of violent crime,” declared opposition leader Mark Golding, expressing worry at the rising number of multiple killings.
He demanded the reinstatement of the nonpartisan Crime Monitoring and Oversight Committee, which was set up in 2019 to combat crime. The Enhanced Security Measures Act, which was hailed as a significant weapon to enable the security services to destroy criminal networks, lower violence, and improve public order, was developed under this committee’s supervision.
However, Golding stated the project “more or less came to an end a year ago, when the Government withdrew from the process”.
He also voiced worries about the inconsistent language in the Firearms Act and the potential for mandatory penalties to add to the backlog in the criminal justice system.
“We have to be careful that sometimes our good intentions don’t have consequences which work against what we are trying to achieve,” noted Golding.
Holness acknowledged the need for further analysis of the Firearms Act.
