Domestic Terrorism Legislation not necessary, says attorneys-at-law

In the wake of a violent shooting incident that injured ten individuals following a cruise event, a significant legal debate has emerged in Barbados regarding the government’s proposed approach to combating organized violence. Prime Minister Mia Mottley has advocated for the implementation of domestic terrorism legislation, arguing that current legal tools are insufficient to address violence specifically intended to terrorize communities. However, prominent defense attorneys Sian Lange and Simon Clarke have presented a counterargument, suggesting that such measures represent legislative overreach.

Legal experts contend that existing frameworks, particularly Section Three of Barbados’ Anti-Terrorism Act of 2002, already provide adequate provisions for prosecuting acts intended to intimidate the public or compel government action through violence. Attorney Lange emphasized the subjective nature of terror as an emotion, questioning how legislation could objectively define which feelings constitute terrorism when perceptions vary dramatically within society.

The attorneys instead propose that the government focus on addressing underlying socioeconomic conditions that foster gang recruitment and criminal activity. They argue that poverty, lack of opportunity, and systemic disenfranchisement create environments where criminal enterprises thrive. Lange specifically identified those who exploit socioeconomically marginalized youth as the true instigators of violence, suggesting they bear greater responsibility than those who carry out the acts.

Clarke recommended more targeted anti-gang legislation complemented by comprehensive prevention, education, and rehabilitation programs. This approach, he argued, would directly address criminal organizations without unnecessarily expanding state powers or infringing upon civil liberties. Both attorneys agreed that while domestic terrorism laws might become necessary if gangs evolve to employ terror tactics, current circumstances don’t warrant such extreme measures and that the government’s priority should be addressing root causes rather than expanding punitive legal frameworks.