LETTER OF THE DAY - We don't need any more laws
Published:Monday | May 31, 2010 | 12:00 AM
THE EDITOR, Sir:
The current state of affairs in the country demands that we engage in serious debate about the way forward in terms of anti-crime measures. It was appropriate for the prime minister, though wounded, to highlight in his mea culpa address to the nation that he will lead a renewed push for anti-crime legislation. The minister of national security has added his voice to the din of calls for 'tougher' measures to deal with the crime problem. His current idea is to pass anti-gang legislation.
We have developed an insidious habit of proposing new laws and legislation to deal with emerging crises and problems. Indeed, legislation is key to effective governance, but in so many areas of public life in Jamaica, even with the long list of antiquated laws that remain on the statute books, we have enough laws that if vigorously enforced, could at least provide partial relief to many of our urgent challenges.
On the radio talk shows, we hear those who are proponents of Florida-style anti-gang legislation. We also hear repeated talk about proposing US-Rackteer Influenced and Corrupt Organisations Act (RICO) type laws. However, with the crime bills currently languishing in Parliament, we are wasting precious time while the syndicated criminal enterprise sinks its teeth deeper into the jugular of our society and grows more bold with each passing day.
No new laws necessary
We do not need a new law to start to significantly address the crime problem. We already have the Proceeds of Crime Act (POCA), the Terrorism Prevention Act (TPA) and their companion regulations. These laws provide for us to deal with money laundering, tax evasion, extortion, loan sharking, racketeering, organised crime and terrorism! The TPA clearly relates to high-order crimes such as contract killing and wanton mayhem perpetrated on hapless communities. The TPA defines terrorism offences, terrorist activity and terrorist groups in a way that fits hand in glove with the criminality manifest in Jamaica today.
These are not new ideas as they have been articulated before by me and countless others. Where is the political and administrative will to effectively and aggressively enforce the POCA and the TPA? Can we not now summon the courage and find the political will to act? Is it that we do not know what to do, or how to proceed?
The Government can appoint an independent task force of committed and dedicated advocates, fearless prosecutors, impartial judges, skilled accountants, talented bankers, experienced government tax administrators and other allied experts who can advise on how to apply legally and appropriately, tax records, public filings with state agencies (e.g. new building permits, awarded contracts, amusement licences et al) to come up with a Jamaican risk-based approach to go after the backbone that supports crime and corruption. Start by following the money and the trail of influence-peddling.
Yes, there is value in considering new and innovative legislation. But until we can get around to passing the pending crime bills, until we adopt US RICO-type statutes and anti-gang legislation, how about enforcing the laws that are already on the books and putting the full force of the law and legal intelligence to work unfettered by political interference?
I am, etc.,
CHRISTOPHER PRYCE