POLICE ASKED: "DO YOU HAVE PERMISSION TO SPEAK?" | KNOW YOUR RIGHTS UNDER THE SOE

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[00:00:04]All right, what's good everyone? It's Nigel here to Trinidad and Tobago Network. Today, I want to talk about one of the most bizarre, one of the most bizarre videos I've seen coming from Trinidad and Tobago in a very long time.

[00:00:14]And I don't say that lightly cuz as you know, there's been a lot of bizarreness and confusion and nonsense and ridiculousness and viral videos, viral videos coming from Trinidad and Tobago.

[00:00:26]Now, many of you would have seen this video. Probably you probably would have seen this video by now. It's very interesting. It's quite annoying. It's funny. It's everything that makes a video go viral.

[00:00:39]We see a young man who is sitting in his vehicle or a vehicle speaking to what I believe at the time was a journalist.

[00:00:47]We then see a police officer who announced himself as a superintendent, I believe.

[00:00:51]He approaches him and asks whether he has authority and whether the man has authority to speak, to make a public speech, I believe his words were, under the state of emergency. Look at the video. Look how ridiculous this is.

[00:01:06]>> Tell us why you came out today.

[00:01:08]>> I came out this morning, this evening here, to promote peace. It's have a ongoing war in Trinidad.

[00:01:15]Mainly Trinidad.

[00:01:17]Certain parts of the Caribbean, mainly Trinidad.

[00:01:20]This ongoing war is slowly becoming a global war.

[00:01:26]This war has stretched from Trinidad all right down the Caribbean islands, right?

[00:01:32]>> Yes, one second, please.

[00:01:34]Good afternoon, sir.

[00:01:35]>> Yeah, good afternoon. I'm going to have to be right back.

[00:01:38]>> Superintendent, I know you're coming.

[00:01:40]What else you going to do, right?

[00:01:42]What's your name, sir?

[00:01:43]>> My name is Nicholas Mouttet.

[00:01:45]>> Right. Right, do you have permission to have all together this?

[00:01:49]>> Yes, I have permission.

[00:01:50]>> Yeah, to make this public speech out today?

[00:01:51]>> No, I'm a I'm a protester.

[00:01:53]>> A protester?

[00:01:54]>> Yeah.

[00:01:55]>> You have no permission to protest.

[00:01:56]>> I'm protesting >> in peace.

[00:01:57]>> You're protesting in peace?

[00:01:58]>> Yeah, we came to protect peace. We came to protect peace, right? We came to protest peace in Trinidad. And the police is telling us to go from here, go in our car, move from here. We came to protest peace. And they don't want us to protest peace. So, which means they want the killing to go on and on and on and on and on.

[00:02:24]It don't matter if there's a 5-year-old or a 50-year-old you are capable of getting bullets in Trinidad and Tobago.

[00:02:34]>> I would like you to research, please, and >> That's no problem.

[00:02:37]>> Right?

[00:02:37]>> That's no problem, but I'm in the middle of a um >> Remove yourself, please, sir.

[00:02:42]Right? Under this yesterday, police are here trying to tell you to remove yourself. Please remove yourself, please.

[00:02:47]>> But they don't have the authority to put their hands on me.

[00:02:49]>> Sir, no one has put No one has put any hand on you, sir.

[00:02:52]>> Correct. You what? You don't have no >> Right? So, please >> with me.

[00:02:55]>> Allow him to remove himself, please, sir. Right?

[00:02:57]You're blocking the You're blocking the Right? Allow him to Allow him to move.

[00:03:01]>> My uncle one of the richest men in Trinidad.

[00:03:05]Right?

[00:03:05]>> Get out of your way, please. And allow him to >> This is almost SNL Saturday Night Night Live stuff. This is not about attacking the young man, either. Um he is a young man. He is No, he was making some good sense until he started talking about how rich his uncle was.

[00:03:21]>> [laughter] >> The video this podcast today is about something much bigger. Let's Let's cut the jokes aside. It's about whether Trinidad or Trinidadian, should I say, actually understand their rights, especially under a state of emergency.

[00:03:35]Let's dissect all of this. And before I do so, I want you to like and subscribe to Trinidad Empowerment Network.

[00:03:39]So, then perhaps more importantly, this video today is whether or it's about whether the police enforcing the law fully understand the powers they are exercising, whether police officers enforcing the law fully understand the powers they are exercising.

[00:03:56]Because if you the citizens do not understand your rights and police officers cannot clearly explain their powers, then I'm sure you would agree we have a serious problem. We have a very serious problem. If you do not understand your rights as a citizen and clearly as we saw in this viral video, this police officer clearly does not understand the law.

[00:04:16]It's frightening. It's quite worrying actually to see.

[00:04:20]So, let's start with the basics. Let's start with the basics. Many people believe that because we are under a state of emergency all of our rights disappear.

[00:04:31]All of our rights disappear under a state of emergency. Let me be very very clear. That is not true.

[00:04:37]That is categorically false. We still have rights under a state of emergency.

[00:04:43]Most of us know this.

[00:04:44]A state of emergency gives the the government of Trinidad and Tobago, the police additional powers. Or it wouldn't make sense to have one. They have additional powers. It allows a certain constitutional protections that you have to be limited. So, it limits some of your constitutional protection.

[00:05:02]It allows police greater powers in some I use the word some circumstances.

[00:05:08]Police have greater powers in some circumstances.

[00:05:12]But it does not mean that every right automatically disappears, automatically vanishes overnight.

[00:05:21]And this is where many people are becoming confused.

[00:05:28]Now, the young man said he was there to protest peace.

[00:05:34]He then went on to say his uncle is the richest man in Trinidad and Tobago, which was quite funny.

[00:05:39]Now, the regulations currently in force restrict certain protest and demonstrations in Trinidad and Tobago.

[00:05:47]That is the current regulations, right?

[00:05:49]Not the law, the regulations. The police commissioner has designated a number of locations, I believe it's 15 or 16, where public protest are prohibited.

[00:06:01]He's well within his rights to do so, believe it or not. There are also restrictions relating to influencing public support for activities that breach the state of emergency.

[00:06:12]Influencing public support, I believe this is what the police officer was trying to articulate when he spoke to this young man, but he did so very badly as we saw.

[00:06:21]So, yes, there are restrictions, especially when it comes to influencing public support.

[00:06:27]And nobody should pretend otherwise.

[00:06:29]That's written into regulations in Trinidad and Tobago right now under the state of emergency as it pertains to protesting.

[00:06:35]But, here is the question again, then.

[00:06:39]Does speaking to a journalist automatically amount to public protest?

[00:06:47]Does speaking to a journalist automatically amount to public protest?

[00:06:51]I think you know the answer to that question. It is no. Does answering a question from a reporter automatically amount to making a prohibited public speech?

[00:07:04]That's another question we need to think about. Does sitting in your car, as the young man was doing, and expressing an opinion, as bad as it was, or he tried to, become unlawful unlawful simply because a camera is recording him at that time?

[00:07:22]These are the questions that matters.

[00:07:24]Now, I said most of what the young man was saying was actually quite correct, to be honest. I'm being a little bit harsh on him here. A lot of what he was saying was correct, apart from him bragging about how rich his uncle was.

[00:07:36]And this is why the the clip went viral because it generated This is why it generated so much debate. It's a bit it came across as a bit ridiculous on both side.

[00:07:46]Now, many people watching it were left asking similar questions as I am right now.

[00:07:52]And I'm trying to dissect this as best as I can. What law was actually being enforced at the time by the police officer?

[00:08:00]What specific regulations was being relied upon in that moment? I mean, none of that was explained.

[00:08:08]Was the issue the man's speech? His speech seemed fine to me. He was calling for peace as far as I'm concerned.

[00:08:15]Or was the issue the location in which he made his speech? Well, he was sat in his car speaking to what appeared to be a journalist.

[00:08:23]Was he inside one of the designated restricted zones?

[00:08:28]Was he inside one of the so-called designated designated restricted zone?

[00:08:33]Or was he participating in a protest?

[00:08:36]Now, those are the questions that need answering.

[00:08:42]Was he simply answering questions from a journalist, which he will clearly argue he was in a court of law if it did come to it. Now, these are important distinctions. I raise these questions because these are important distinction.

[00:08:57]Because in a democracy, which I do still believe we live in, in a democracy, police powers should never be based on because I said so.

[00:09:05]Because the police said so. We are in a democracy. We are We don't live in a dictatorship as far as I'm I'm concerned.

[00:09:13]Police powers should always be capable of being explained.

[00:09:17]Police powers should always be capable of being explained.

[00:09:21]Simplified.

[00:09:23]Understandable.

[00:09:25]Understandable.

[00:09:28]So, while we sit back and laugh and enjoy the video, we need some humor now and again, there is a the side to all of this.

[00:09:36]There is a very serious side to all of this.

[00:09:39]One of the quickest ways to lose public trust and is is when police officers cannot clearly explain the legal basis for their actions.

[00:09:49]The public look at you and laugh.

[00:09:52]I looked at that video and I was confused. I laughed. It was hilarious to me.

[00:09:56]And the public expects police officers to know the law, especially someone claiming to be a superintendent, I believe. And rightly so. And rightly so.

[00:10:05]So when officers are asked or or maybe when officers are exercising powers that affects a person's liberty, that affects a person's movement, affects a person's speech or their behavior, they should be able to explain that exactly as it is. They should be able to explain exactly why.

[00:10:27]Exactly why. Not vaguely, not approximately, exactly. Exactly, Tenn. It's as simple as that.

[00:10:37]This is why you're paid the big bucks, superintendent. Do better. Do better.

[00:10:42]And Tenn, what concerns me is the growing perception, I believe, that policing in Trinidad and Tobago is becoming policing by fear.

[00:10:55]It's been that way for a very long time.

[00:10:57]No one calls it out. Policing by fear.

[00:10:59]That never works.

[00:11:02]You have citizens who are unsure of their rights.

[00:11:06]And you mix that in with officers who are who appear to be, as you saw in that video, unsure of the limits of their powers. That's a dangerous mixture.

[00:11:17]And when those two things collide, when those two things collide, confusion replaces trust. And that's the last thing we want to happen in Trinidad and Tobago.

[00:11:28]This is not good for the public.

[00:11:30]So joking aside, SNL script, Saturday Night Live script aside, this is serious.

[00:11:36]And And it is it's not good for the police, either. This is not good for the police, either. Because good policing has always relied upon public consent.

[00:11:47]It's as simple as that. Good policing relies on public consent. It does not rely on intimidation.

[00:11:55]It does not rely on confusion, as you saw in this video.

[00:11:58]It certainly does not re- rely on uncertainty.

[00:12:04]Public confidence The public needs confidence in the police as it pertains to executing the law, and knowing the law, and knowing regulations and policy.

[00:12:19]So, this is not a anti-police or anti-police rant.

[00:12:24]This is a do better rant.

[00:12:28]Now, I know some of you may disagree with me when I say the police in Trinidad and Tobago do have a difficult job.

[00:12:33]They do have a difficult job. It's very, very difficult circumstances, I would say. And some of you will will agree with me.

[00:12:38]Disagree with me, of course.

[00:12:40]Trinidad, as you know, is facing serious criminal violence. I'm sure most of you would agree with that.

[00:12:46]Officers in Trinidad uh do some of them do face incredible pressures, enormous pressures, in fact.

[00:12:53]It's not an easy place to police.

[00:12:55]And many of them, I believe, maybe they are doing their best under very challenging circumstances.

[00:13:00]Many of them, I believe, are probably trying to do their best under challenging circumstances, but precisely because of that pressure, it is more important that than ever that powers are exercised lawfully, proportionately, and of course, transparently.

[00:13:19]Lawfully, proportionately, and transparently. The stronger the powers given to the state, the greater the responsibility to explain those powers that must be understood.

[00:13:35]This is your rights at the end of the day being taken away from you.

[00:13:39]So, the lesson from this viral video for me and for for for you should be is not shouldn't is not did the officer get something wrong?

[00:13:49]Which he clearly did.

[00:13:51]The lesson for me is that Trinidadians and Tobagonians need themselves about their rights.

[00:14:00]You need to educate yourself about your rights.

[00:14:03]You need to know what the state of emergency allows.

[00:14:10]You need to know what it allows. You need to know what it does not allow as well.

[00:14:17]You need to know the difference between a protest, a demonstration, a media interview, and a lawful conversation.

[00:14:29]I know I'm pointing out the obvious here to a lot of people, but you need to know the difference.

[00:14:35]You need to know the difference between a restricted zone and a public space.

[00:14:40]And finally and most importantly, we all need to ask questions because in a democracy, Trinidad and Tobago Network, a democracy in a democracy, we depend we depend on citizens being informed.

[00:15:00]You need to know your rights. You need to be informed. The moment the public The moment the public become afraid to ask question, to ask what power is being used against them, democracy as we know it starts moving in the wrong direction. It's as simple as that.

[00:15:22]The moment police officers stop explaining the legal basis for their actions, trust starts breaking down.

[00:15:32]Trust starts breaking down.

[00:15:35]And neither outcome is good for Trinidad and Tobago. It's as simple as that. So, I'm going to conclude by saying this, know your rights.

[00:15:43]Know your rights.

[00:15:45]Of course, know the law, especially in this moment, especially under the current situation we see we we've been facing for the last well, year or so. Of course, we need to respect the law as best as we can, but you need to know the law to respect the law.

[00:16:02]And of course, hold everyone, including politicians, especially politicians, and of course, police officers and protesters and protesters to the same standard, to the same standard. That is how democracies remain strong.

[00:16:20]So, I'm not going to take much more your time. That's my take on all of this.

[00:16:23]The video was quite funny, I'm sure you would agree. The young man >> [laughter] >> Listen, there's a lesson to be learned from this.

[00:16:30]There's a lesson to be learned from this. This is why I decided to talk about this today.

[00:16:34]In any case, you need to know your rights. Like, subscribe to Trinidad Empowerment Network. Let me know what you think.

[00:16:39]We all needed to have We needed something to laugh about, I suppose. So, this gave us something to laugh about, but there's a serious side to this as well, and I hope you saw that side as well. In any case, like and subscribe to Trinidad Empowerment Network, and I see you guys on my next video. For now, much love. God bless. Look after yourself. Take care.

[00:16:56]Peace.