Caption: Israel Khan
‘It’s a home invasion law, they must confine it to the house, not like what they have in the United States of America’ – Israel Khan
By Alicia Chamely
ATTORNEY Israel Khan is supporting Defence Minister Wayne Sturge’s statement that under the proposed Stand Your Ground laws (SYG), a homeowner can “strike first” should they feel threatened or that an attack is imminent.
He says, however, while he supports Sturge and SYG laws, this position of “strike first” needed to be confined, applicable only when an intruder is in the home or attempting to enter the home.
On Tuesday night at a SYG consultation in Sangre Grande Civic Centre, Sturge said, “You don’t have to wait to see what the attacker is going to do. You don’t have to wait to see if he pulls a gun or a cutlass or anything like this. You can, once you honestly believe that you are under attack, or that an attack is about to take place, or is imminent—as they say here—once you believe an attack is imminent, you can strike first. You can strike first and kill first,”
Sturge explained that the proposed SYG laws would give homeowners and victims more latitude to defend themselves.
Contacted by AZP News on Thursday, Khan stated that, as a practitioner of criminal law for the past 45 years, it was his position that he supported Sturge and the right to “strike first”.
However, he noted, Sturge did not clarify whether this position of “strike first” was confined to the house.
Khan said, “I support the legislation. Once they enter your home, inside your house, you are entitled to kill the person, to empty the clip, to fire as much shots as you want, make sure the person is dead, kill the person. I support that, not reasonable self-defence, you could use excessive force.”
He added, “However, if the person comes into your gallery, and did not enter your home, and he came into your gallery to steal a bird or bird cage that you have there, you are not entitled to kill. They need to enter inside your house. Once they enter your premises, jump your fence, and he’s on top of your zaboca tree, your life is not in danger, you are not entitled to kill.”
Regarding a homeowner witnessing an intruder trying to get into their house, Khan said, “What I am saying is he didn’t clarify once you enter the house. If the person comes to a sliding door and is trying to open the door and you come out and see the person trying to open it, the person is trying to get into your house you are entitled to kill.”
Khan noted that if a homeowner goes outside to confront the intruder and they believe their lives are in danger causing them to use deadly force, normal self-defence laws would apply.
He said, “It’s a home invasion law, they must confine it to the house, not like what they have in the United States of America.”
Addressing Sturge’s comments that if police arrive at a homeowner’s door and the homeowner is unsure of their identities, it was better to defend than hesitate, Khan said this is where the law can become problematic.
He said, “Take this problematic issue of policemen. When someone comes to your door and says ‘Police! Police!’ and they have on uniform, and they show you identification, how would an ordinary houseowner know that the identification shown to you is fraudulent and these are bandits, how would you know?”
Khan said, “You wouldn’t know! So, you allow them in the house, and they rob you and rape you and whatever they have to do. It’s a problematic thing.”
He said, however, if you do not allow the police entry and they attempt to break into your house, it can be argued the homeowner believed they were criminals, felt threatened and therefore was legally allowed to defend themselves.
Khan said, “If you refuse the police and they try to get in your house and break into your house that’s something else, you might form the opinion they are bandits.”
He said while he supported the law, the public needed to remember they were still in discussion and nothing had been presented yet.
Khan said he believed the government would bring “sensible legislation” and there should be little objection once it is made clear that Sturge’s “strike first” assertion applies “once they (intruders) enter the house.”
