By Alicia Chamely
THE Law Association of Trinidad and Tobago (LATT) is expressing concern over the statement made by Commissioner of Police Allister Guevarro regarding the fatal police shooting of Joshua Samaroo, 31. His common law wife was also severely injured Kaia Sealy, 24.
LATT stated that laws of self defence also apply to the police, which is not a satisfactory defence based on the widely circulated footage of the January 20, incident.
In a press release on Wednesday, LATT stated Guevarro’s comment that he found no basis to suspend or place the officers involved on administrative leave, and recommended the officers for counselling, was concerning.
Noting the Commissioner’s opinion that based on the circulating footage, he saw no justifiable reason to place the officers leave, LATT stated, they could not say which footage the CoP reviewed, but what from LATT saw, “one of the occupants of the vehicle appeared to be attempting to surrender. Neither of the occupants appeared to be engaging in an exchange of gunfire with the said police officers.”
The Association argued, therefore, there was doubt over whether officers acted in self defence and stated the laws of self defence were applicable to police.
LATT stated while the Commissioner reported there was an exchange of gunfire, it had not seen such footage that would justify self-defence.
It stated if the exchange of gunfire took place earlier, the actions of the police when confronting the suspects would be seen as retaliation.
“Self-defence, however, does not avail any individual who engages in retaliation against individuals, arising from action previously taken, if the threat to personal safety created by such action no longer persists,” it explained.
Noting the law applies to all, LATT stated, “The criminal law in operation in Trinidad and Tobago applies equally to law enforcement and to civilians. The use of deadly force may give rise to a defence of self-defence, if such force is proportionate and justified given the existing threat to personal safety. Self-defence is a complete defence to the offence of murder.”
