When police ranks abuse their powers and trample upon the rights of citizens, it is the State that ultimately feels the heat when those offended citizens take legal action, says Attorney General (AG) and Legal Affairs Minister.
Nandlall’s reminder was in response to a comment made during his “Issues in the News” programme last night, where a Facebook user lamented the need for police officers to follow standing operating procedures relative to the detainment of vehicles.
The AG made it clear that while police ranks must be allowed to discharge their functions, they must do so in a manner that does not infringe upon the rights and freedoms of citizens.
“A balance must be struck,” he underscored while recognising the need for more informative programmes aimed that educating police ranks of their responsibilities and citizens of their rights.
“It is the State, using taxpayers’ dollars, that have to pay compensation – sometimes millions of dollars – for police misbehaviour, police violations of the law, and police violations of people’s Constitutional Rights,” he said.
Nandlall reminded that only vehicles involved in serious traffic offences must be detained.
“We keep hearing from members of the public about the police detaining their vehicles for minor traffic offences. Unless it is a very serious offence, such as causing death by dangerous driving, the police have no right to detain vehicles for the alleged commission of traffic offences. We have a ticketing system in place that allows errant drivers or errant road users to be ticketed,” Nandlall reminded.
He added that when those vehicles are detained because of a minor offence and legal action is taken by the owners, there is seldom any legal basis for police defence in the courts.
“It is the Attorney General who has to go to a judge and explain why this vehicle is kept for so many days. And I can’t, in law, offer an explanation that makes sense, and every day I have to keep negotiating with various lawyers and various litigants in very difficult circumstances,” the AG said.
He added, “This thing about stopping people and detaining them without cause is a violation of the Constitutional Rights of citizens, and when they (citizens) sue, it is the State that has to pay for the misbehaviour and the violation of law and the abuse of power by the police officers.”
Nandlall said he has already forwarded a legal opinion outlining the various actions that the police force, itself, can take against officers who have acted in violation of standard operating procedures and the Constitution.
Nandlall said he is hopeful that the opinion will be taken seriously.
