“The
public is assured that this matter is actively receiving full attention
from the Ministry of National Security and Law Enforcement Agencies,”
he said, while going on to give an account of what transpired and
the workings of the witness protection programme as specified in
the Justice Protection Act No. 78 of 2000.
“This programme seeks to provide for the safety and security
of a person who has witnessed or has knowledge of the commission
of a crime who will be providing evidence and testifying before
a court or before an investigating authority,” he said.
“According to Section 8 of the Act, prospective participants
can only be included in the programme if the individual a). Applies
in writing to be included in the programme; b). Understands the
implications of being included in the programme; c). Understands
and signs a Memorandum of Understanding in accordance with the provisions
of the Act.
“In short, a person has to volunteer to participate in the
programme,” Joseph said.
The minister said that as a prerequisite to joining the programme,
the Office of the Director of Public Prosecutions (DPP) under Section
10 of the Act determines inter alia:
* That the testimony of the prospective participant is credible
and essential; and
* That the prospective participant can be relied upon to give the
testimony.
Both these conditions were met in the case of Joel “Footy”
Phillips, he said.
“For each participant entering the programme, both a risk
and threat assessment are done to determine the level of danger,
which they are likely to present.
This determines the conditions under which a participant is protected
under the programme.
I understand that these assessments were undertaken in the case
of Joel “Footy” Phillips,” added Joseph.
“It must be emphasised that a decision to volunteer to participate
in the programme requires significant life style adjustments and
is a life-time commitment.
“It is also important to note that the nature of the programme
does not impose incarceration or any infringement of a person’s
constitutional rights.
“As such, during the two-year period, after reviews of the
threat to his life, Joel “Footy” Phillips was allowed
to visit places considered safe for him.
“After each occasion, he returned.
However, on the last occasion, which was on December 12, 2005, he
did not return.
The Protective Services began immediate efforts to locate him and
enquiries as to his whereabouts are continuing,” revealed
Joseph.
“It is to be noted that both regional and international law
enforcement agencies have expressed confidence in the practices
and processes of the Trinidad and Tobago Justice Protection Programme.
“The Ministry of National Security will continue the work
to strengthen our law enforcement system, including the Justice
Protection Programme.
“Our objectives continue to be the safety, security and well-being
of everyone in TnT and we will take every measure available to us
to ensure that this is achieved. |
