AG: Not a gang member? Prove it !
ATTORNEY General Anand Ramlogan is proposing an amendment to the Anti-Gang legislation which would shift the burden of proof from the prosecution to the suspected gang member. If the amendment is passed in Parliament, the onus would then be on the alleged gangsters to prove that they are not involved in any gang or gang-related activity. Ramlogan was speaking to reporters yesterday while at Palmiste Park, Palmiste.
“When we meet with the opposition on Thursday, I intend to raise the Anti-Gang law (with them) to see whether or not we can reverse the burden of proof as they did in Dominica,” Ramlogan said.
“The other thing I intend to do is raise the question of the range of identification criteria for a gang member. Unlike the US where you have tattoos, branding and so on to identify yourself as a gang member, you don’t necessarily have that in Trinidad because they are very innovative.
“What you have may be guys wearing a particular style or particular brand of sneakers, wearing a simple thing as a rag in your pocket of a particular colour, wearing your pants in a particular way with a particular unique marking in the pants that only the gang members could identify.”
Ramlogan said the anti-drug laws have already been amended to reverse the burden of proof on individuals charged with trafficking or having drugs in their possession for the purpose of trafficking.
“They (alleged gang members) would have to lead evidence as to why it is they find themselves in the situation which would have led police to believe that they are in fact involved in gang related activities.”