Wipe COVID-19 criminal record

A senior lawyer and the Leader of the Opposition want Barbados’ legislators to follow neighbouring St Lucia and decriminalize COVID-19 breaches!

Both Queen’s Counsel Michael Lashley, a former Government minister and Opposition Leader Reverend Joseph Atherley feel Government should follow St Lucia and expunge the records of persons convicted of breaching COVID-19 protocols.

On Wednesday night, St Lucia’s Prime Minister Phillip Pierre announced that his administration was moving towards expunging the records of all persons who were arrested, charged and convicted of COVID-19 protocol breaches.

“For now we need to persuade and encourage citizens to comply with the protocol guidelines, not threaten and punish them to do so,” Pierre said at the time.

His stance has gained favour with both Lashley and Atherley, who believe persons should not have a criminal record for breaching the protocols.

“If it appears on your record it is a conviction and that conviction will stand as a blotch against their name. Some persons went before the court unrepresented and pleaded guilty and when you look at it they either had a good case or there was some issue due to the charge sheet, but they still pleaded guilty and paid a fine.

“I don’t think that it really should be looked at as a criminal conviction so I support it,” Lashley told Barbados TODAY.

Reverend Atherley also supported the idea, saying he believed it was something Government should contemplate once the country had come to grips with the COVID-19 pandemic.

“I certainly think it is something that should be considered once we have gotten past the point where COVID is a significant, daily threat to the wellbeing of Barbadians.

“I don’t think the offence is the type that should really stand against a person as a matter of record in perpetuity or certainly for any length of time. I think once we have gotten past the point where we regard COVID as a significant, immediate and daily threat it is something that should be certainly considered, expunging those records and convictions for matters like that,” Atherley said.

Meanwhile, president of the Democratic Labour Party (DLP) Verla De Peiza, said she was more concerned with how persons who were found guilty of breaching those protocols were treated.

“What I think is more important is that we very fairly deal with however it is we treat breaches. I think that is more important than whether it is criminal or civil. When it seems as though certain person’s breaches are treated different from other person’s breaches that is where the issue comes,” De Peiza said.

“Whether it is criminal or civil, I don’t have any settled opinion on it. What I will say is that we have to guard against over-criminalizing but we also are in unprecedented times where our public health is under significant threat and Government must make decisions in order to safeguard society.” (randybennett@barbadostoday.bb)