Gun laws to be enforced swiftly under new courts – PM

A dedicated gun court will fast-track firearm cases within weeks and enforce a zero-tolerance approach, Prime Minister Mia Mottley has said, warning that new legislation will ensure swift and decisive action against gun-related offences.

Mottley defended the Supreme Court of Judicature (Amendment) Bill  in the House of Assembly on Tuesday as she stressed that a specialised gun court is necessary because guns remain the country’s greatest criminal threat.

“There is no greater scourge on this land than the prevalence and presence and use of guns.”

The legislation, brought through the former attorney general, is part of the government’s effort to modernise the criminal justice system, she said. 

She noted that the Criminal Division of the High Court had only two judges when her administration took office in 2018; that number has since increased to eight, with plans to rise further to ten. She stated, however, that these additional resources alone are not enough to tackle the growing threat posed by illegal firearms.

“We have determined that it is still necessary to establish a dedicated gun court.”

Mottley maintained that the fight against gun violence must involve the entire society rather than being left solely to law enforcement agencies.

“I asked that we as a nation bind ourselves together, bond together and take the issue of fighting guns, removing guns from our environment as a whole of nation exercise rather than the province of one or two sectors of this society.”

“Justice when delivered quickly is the best form of crime prevention,” she added.

She noted that the government inherited a backlog of more than 10 000 cases, but the COVID-19 pandemic disrupted that process, interrupting court proceedings and trials for over two years.

Mottley also pointed to reforms introduced under the criminal justice system, particularly plea bargaining legislation, which she said is beginning to yield results.

“It is my judgment that they will need a dedicated unit in the Office of the Director of Public Prosecutions to manage the plea bargaining to reduce the number of cases that are the subject of backlog.”

The PM said firearm offences warrant special treatment because of the fear and instability they create within communities.

“This bill is another way by which we will take those cases that have the greatest capacity to destabilise this nation, beyond the victim, the nation and to inspire a panic of fear in our people, that should not be part of our landscape.”

She reiterated the need for strict oversight of firearms and ammunition, including among licensed users and those involved in shooting clubs.

“A gun without ammunition is useless too, and therefore we have as a society to work assiduously in being able to deal with this scourge. Persons who go and operate at gun clubs, whether as part of law enforcement or as individuals, will have to be assiduous in accounting for every piece of ammunition, such that ammunition is not sold in contravention of the laws of this land to persons who should not have it and to persons who have no license to carry either firearm or ammunition.”

Warning that authorities would take a zero-tolerance approach, Mottley declared: “The law will be applied vigorously and swiftly on any matter to do with guns or ammunition.”

The prime minister revealed that the proposed gun court structure would involve two courts, one dealing with new firearm matters and another focused on reducing the backlog of existing cases.

“Within three months, I’ve said to the minister, cases should be heard.”

She argued that most gun possession cases are relatively straightforward and should move through the judicial system much faster than they currently do.

“The average gun case doesn’t have many witnesses. It’s not a complex case like a wounding or a murder case or even a drugs case or whatever, invariably it is the ballistics officer, the person who found the gun as a member of the law enforcement community and possibly somebody to corroborate the evidence of the person who found the gun to establish chain of custody and various other things that are necessary to establish possession and the accused who may or may not avail themselves of the opportunity to speak.”

Mottley said she would like to see firearm cases completed within four to six weeks, while insisting they should not exceed three months from charge to hearing.

“Every little boy and girl, every old boy and girl, every old auntie, grandmother, uncle, grandfather, everybody in this country must know that if you have a gun and you are caught with it, you will pay the price and quickly so.”

She contended that a key problem is the perception among offenders that the justice system moves too slowly.

“The mentality has gotten into too many people that if you get catch, they ain’t going to do nothing about it in a hurry anyhow.”

Mottley invited the police service to outline the resources that are necessary to ensure law enforcement can bring gun cases before the courts in the shortest possible time.

She also disclosed plans to establish a three-person unit dedicated solely to addressing the court backlog and said additional resources could be deployed if required following a six-month review.

The prime minister appealed to cultural practitioners, parents and the wider public to play a role in discouraging young people from becoming involved in gun crime.

“The messages are mainly now for our teenagers, our teenagers who are being encouraged to participate in activities that can only lead to them having short lives.”

She urged parents to pay closer attention to their children’s activities and warned of the devastating consequences of gun violence.

“There’s no sense in crying, there’s no sense in coming to beg for mercy. If your child is using guns and shooting people, then the full weight of the law, and in your instance, as a parent, I suspect that you may prefer the full weight of the law to be applied because you can still go and visit them at Dodds [Prison].

“But for others who have received the other penalty, which is the riddling of their body with bullets, your only hope is to pull a picture from your phone or from your albums and remember mentally what the interaction used to be like. There is no buffer.”

Mottley also encouraged the public to report information about illegal firearms, including calling Crime Stoppers, noting that human intelligence remains a critical tool in solving crimes.  

She added: “This government is adamant and resolute that we will do everything possible to rid guns from our landscape, from those who are using them without proper license. The use of force is the sole prerogative of the law enforcement agencies in the state. No one else.

“These courts are being created to ensure that that will be the case.”

(LG)