House clears Witness Protection Bill
Attorney General and Minister of Legal Affairs  Basil Williams addresses the National Assembly on the Witness Protection Bill . (Adrian Narine photo)
Attorney General and Minister of Legal Affairs Basil Williams addresses the National Assembly on the Witness Protection Bill . (Adrian Narine photo)

GUYANA is positioned to join other CARICOM countries in providing a programme to protect witnesses following the passage of the Witness Protection Bill by the National Assembly on Friday evening.

The Bill, which was piloted by Minister of Legal Affairs and Attorney General Basil Williams provides for the establishment of a witness protection programme and three agencies, namely an administrative centre , an investigative agency and a protective agency , to administer the programme.

The attorney general told the National Assembly that the bill will be instrumental in the government’s fight against corruption. He said the bill comes on the heels of the State Asset Recovery Agency (SARA) Act as well as the Protected Disclosures Act, termed the Whistle-blower Act , the latter which was passed by the House on Wednesday .

Williams said that the legislation gives effect to the CARICOM Agreement establishing the Regional Justice Protection Programme 1999, which came into force in the year 2006.”As a government, we are committed to fulfilling our international obligations with respect to corruption,” Williams said.

He said that the bill is especially important in the fight against corruption and organised crime as offenders will often make attempts to prevent witnesses from providing information or evidence.

He said that leadership is pivotal in the fight against corruption and to this end, the attorney general noted that President David Granger has “led the charge “ in eradicating the scourge in all its forms . He noted that corruption undermines development, destroys public trust, weakens institutions and wreaks havoc on the poor.

The attorney general also noted that the victims and witnesses in situations are often reluctant to provide information and evidence, because of perceived or actual intimidation and threats against themselves or members of their families and other associates. He said that the programme is geared at addressing these and other challenges.

The attorney general also noted that the bill will establish a system for protecting witnesses and persons who collaborate in ongoing investigations and trials, both criminal and civil. He said the bill is “comprehensive “in that it secures not only the protection of the witness but “any [other] person involved in investigations or the court process and their associates.”

He added that the legislation provides for a register of participants which shall contain detailed information in respect of each participant. In addition, it provides for the protection of the participant in the programme as well as the maintenance of the witness protection centre. The legislation also provides for termination of the participant’s involvement in the programme if conditions are breached.

The legislation was supported by Minister of Natural Resources Raphael Trotman, who noted that many hands were involved in the crafting of the bill. He said that an interesting point on the programme’s ability to work was raised by the opposition.

”While we recognise that this is no easy task , on the other hand we have to recognise that its time has come , and we cannot wait until we get oil revenue “, Trotman said, noting that such money will create a whole new range of threats and challenges to the country’s security.

He noted that other countries in the Region have made witness protection programmes work, as he noted the nature of regional and trans-national crime and its ability to spread around the Caribbean Region. He said that collaboration is important, as he noted that it is a CARICOM initiative.

Opposition MP Gail Teixeira noted that the legislation is similar to a Justice Protection bill, which was passed in 2006 in the National Assembly, but which was not assented to because of several challenges. She supported the need for the legislation, but suggested that it needed tweaking. Opposition MP Odinga Lumumba in brief remarks also supported the need for the legislation.

The attorney general noted that the provisions made in the legislation are adequate to protect the lives of witnesses, noting that at the moment, the justice system in Guyana needs to guarantee witnesses their protection.

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