The Government is standing firm on its plan to introduce stand-your-ground legislation, asserting that the proposed protections for citizens do not already exist under current Trinidad and Tobago law.
Trinidad Prime Minister Kamla Persad-Bissessar reaffirmed her administration’s commitment to passing the law—outlined in the United National Congress’ manifesto—despite criticism from the Opposition and legal concerns.
During a post-Cabinet press conference at the Red House, the Prime Minister responded to questions about a 2023 Trinidad Guardian article written by House Speaker Jagdeo Singh—then a practising attorney—in which he argued that existing common law already covers the principles of stand-your-ground.
“In my respectful view, that is a wrong interpretation of the law,” Persad-Bissessar said. “One of the things that common law has which will be strengthened by what it says is you retreat first. We are saying no! A man is in your house, your wife is threatened, your child is threatened, no! You do what you have to do to defend your family. That will be a major change from the common law doctrine.”
However, Singh’s article states: “It seems to be that there is collective societal misconception that a person under a threat, real or perceived, is under a duty to retreat. That is simply not so. The duty to retreat was part of the old common law. That rule has disappeared. The current common law imposes no such duty on a person.”
Singh also wrote, “In my respectful view, the common law in relation to self-defence has at its heart the underlying fundamental notions of the stand-your-ground principle… the common law of self-defence already offers the same degree of protection to persons and homeowners than a separate stand-your-ground legislative provision would provide.”
Despite Singh’s past statements, Legal Affairs Minister Saddam Hosein echoed the Prime Minister’s position. “What we are doing as a Government is putting certainty with respect to the law of self-defence which is what we are calling stand-your-ground law,” Hosein said.
According to Hosein, the current law leaves too much room for interpretation in life-threatening situations. “We are saying we are putting the law into the box of four corners so that if somebody invades your home, you don’t have to interpret while they have a gun to your head, what is proportional?” he explained.
“What we are saying is that you could use the force to destabilise that person to protect yourself, your property and your family.”
The Prime Minister also addressed public concern and debate surrounding the legislation. “Ask yourself this, why should you have to retreat in your own home?” she asked. “Why should you have to decide between defending your family or not defending your family because you are fearful that you will be prosecuted later?”
She dismissed suggestions that homeowners should attempt to injure rather than fatally wound intruders. “There are frivolous arguments about aiming for the criminal’s foot and hand and leg and whatever it may be. That is unrealistic in home invasion situations because you are already so terrified that you would be such a marksman…”
Persad-Bissessar added, “Do not hesitate, send them straight to the hospital.”
The Ministry of Homeland Security has formed a committee to guide the legislation, which is being drafted by Attorney General John Jeremie. Jeremie said he expects to have the necessary material ready by the end of the month, with the bill to be tabled in Parliament before the legislative recess.
