(MENAFN- Caribbean News Now) By Melanius Alphonse
Caribbean News Now associate managing editor
CASTRIES, Saint Lucia — The Allen Chastanet administration in Saint Lucia has taken the initial steps via the Castries Constituency Bill passed in parliament last month to provide for municipalities, the Castries Constituency Council (the council) and to establish the Castries city police.
In the United Workers Party (UWP) economic plan leading up to the 2016 general elections, Chastanet revealed that: 'A UWP government will establish five economic zones, which will be run by regional economic boards led by persons from within the area. Castries will be zoned as a special economic zone making it a municipality. The aim of this was so Castries could get its credit rating, independent of the rest of the country. Once this has improved, the UWP wants Castries to become the home of regional businesses.'
The Castries Constituency Council Act defines the 'constitution of municipality' in section five as follows:
'(1) The constituency of Central Castries is declared to be a municipal city.
'(2) The constituencies of Castries North, Castries East and Castries South are declared to be municipal districts.
'(3) The Castries constituency council shall give one month's notice of the intention of the constituency boundaries commission to review the boundaries of the municipality by advertisement in the gazette and at least one newspaper of general circulation in the municipality.
'(5) In this section, says: 'constituency boundaries commission' means the body referred to under section 57 of the constitution of Saint Lucia, cap 1.01.'
Saint Lucia is divided into 17 electoral districts or constituencies. A municipality when properly constituted has the authority to regulate people and property, make bylaws, impose and collect property taxes, zoning, govern political, social and economic affairs, including the city police.
The functions of the Castries constituency council, 7. (1) says: 'Without prejudice to section 6 of the constituency councils act, cap 17.19, the function of the Castries constituency council is to provide for the good governance of the municipality. Also, (b) to provide for the improvement of the municipality.'
This is inclusive of the Castries city police, reference by section 22, (1): 'There is established for the municipality the Castries city police for service in connection with the duties of the Castries Constituency Council.'
However, there is the matter of the Constituency Boundaries Commission report not being implemented and unanswered question why previous members/lawyers were fired.
A critical report on the operations of town and village councils and outstanding litigation that is suffocating in the justice system is yet to be addressed.
In reference to an article entitled "City police emergency hotline to launch this month" (February), a request for comment was sent to the press and public relations office of the Royal Saint Lucia Police Force (RSLPF).
The prompt response on February 7, said: 'You have asked several questions which are in relation to the governing of the city police, which is within the purview of the mayor's office. As such, the communications team there would be better suited to answer your questions.'
The questions were as follows:
1. What is the legislative framework permitting the city police establishment and operation?
2. What is the city police jurisdiction?
3. How is it funded?
4. Are the members armed and if so, how are the weapons made available and paid for?
5. What is the requirement for recruitment and who certifies the city police training?
6. Are there two separately sanctioned state law enforcement institutions in Saint Lucia? If so, please explain their legal function and chain of command.
A subsequent request was sent to the press and communications manager in the office of the Mayor of Castries, followed by a phone call on February 8, but went unanswered.
Following Chastanet's meeting with US President Donald Trump, it is interesting to note his public comments.
• As to the Leahy law, IMPACS and their implications to individual members of the police force and the police force in general, Chastanet said, discussions with Trump did not speak specifically to that; however, his government has been having dialogue with other US departments and agencies on those matters.
• 'As we were in a group, it would have been difficult to bring up something as specific as the Leahy law, but I have to say to you that on the Leahy we have been having discussions with the US and we are going to be getting assistance now from the state of Florida with our police. The Leahy law applies to the federation but not necessarily to the states,' Chastanet said.
Nevertheless, a statement from Chastanet's senior communications officer made no mention of 'we are going to be getting assistance now from the state of Florida with our police,' which would bring to the fore Operation Restore Confidence (ORC) and the provisions of the so-called Leahy Law.
Notwithstanding the complexity of establishing a municipality and managing priorities of development, the Castries city police is described as 'officers of the state' working with the office of the mayor, with similar jurisdictions and in some case exceeding the powers of police officers from the RSLPF.
The commissioner of police has overall responsibility for the RSLPF. City police are not trained police officers. However, the act says:
'Arms and ammunitions (23): (1) The commissioner of police may issue arms and ammunitions to the Castries city police. (2) A Castries city police may carry and use the arms and ammunitions issued under subsection (1) for lawful purposes.'
Oath by commissioner of police (24): 'A Castries city police shall take and subscribe to an oath presented to him or her by the commissioner of police.'
Badge (25): "The commissioner of police may, on the advice of the Castries constituency council, permit persons appointed to be Castries city police to wear the badges of the ranks and uniforms similar to those worn by members of the respective ranks in the Royal Saint Lucia Police Force.'
Authority of commissioner of police (26): 'The commissioner of police may command a Castries city police to perform and discharge within the municipality such duties as a police officer of the Royal Saint Lucia Police Force is required to perform and discharge.'
In clauses 28 to 30 of the Bill, offenders may be arrested without a warrant, the Castries city police have the power to grant bail and can lay information and conduct proceedings.
Section 27 of the general powers and immunities of Castries city police reads:
'(1) A Castries city police, in addition to the special powers vested in him or her under this Act, has in respect of the whole of Saint Lucia the powers, privileges and immunities conferred on a constable by the common law, and the powers, privileges, immunities and liabilities conferred or imposed on a constable of corresponding rank by the police act, cap 14.01.
'(2) An act done by or to a Castries city police officer in the execution of his or her duty has the same effect and the same liabilities and other consequences and is punishable in the same manner as if done by or to a police officer of the Royal Saint Lucia Police Force in the execution of his or her duty.'
Operating a two-tier police service in a broken justice system raises a number of questions.
Section 32. Policing beyond boundaries of municipality: 'The Castries constituency council may undertake and agree to guard a building or area beyond the boundaries of the municipality if the Castries constituency council has an interest in the building or area.'
In preventing, detecting and reacting appropriately to the commission of criminal and quasi-criminal actions in the municipality of Castries and Saint Lucia, by virtue of the Castries Constituency Council Act is now a dual function of the mayor of Castries and the commissioner of police.
Without limiting the generality of the Castries Constituency Council Act, the quasi-establishment of the Castries municipalities and the Castries city police with parity to the RSLPF, and according to a member of parliament for 'the purpose and vanity of an individual,' is suspect to civil liability, institution of proceedings and dysfunction.
The Castries Constituency Council Act and the constituency of Central Castries being declared a municipal city in no way evades the effect of the Leahy Law and the Global Magnitsky Act on Saint Lucia.
A quote attributed to a senior officer from the RSLPF, in summary, says, 'But any forward-looking person knows it [taken to meaning the islandwide jurisdiction of the Castries city police and proposed parity with the RSLPF] is a disaster waiting to happen.'
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